Cookie Policy Last Updated: February 27, 2017 By using or accessing the Website, you are consenting to Jobs Apps use of Cookies as follows: This policy helps to explain the occasions when and why cookies may be sent to visitors to the Website (referred to in this policy as “we”, “us” or “our”). “Cookies” are text-only pieces of information that a website transfers to an individual’s hard drive or other website-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient. A cookie will typically contain the name of the domain from which the cookie has come, the “lifetime” of the cookie, and a randomly generated unique number or other value. Certain cookies will be used on the Site regardless of whether you are logged in to your account or not. Like most websites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes: Analytical Purposes: We use Cookies to analyze user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of job searches that users perform. We can use such analysis to gain insights about how to improve the functionality and user experience of the Website. Your Preferences: We use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website. Marketing: We use Cookies from third-party partners such as Google and Facebook for marketing purposes. These Cookies allow us to display Indeed promotional material to you on other sites you visit across the Internet. Indeed may also share information about your behavior on the Site with third parties (including operators of third-party websites and/or social networking sites) in order to show you targeted advertisements and other content that has been customized for you. Referral Tracking: We use Cookies to associate user activity with the third party website that referred the user to our Website, or to associate user activity that Indeed referred to a third party website. These third party partner websites receive credit for the activity of users they refer to our Website, or give Indeed credit for the activity of users referred to such third party websites. We do not share any personal information or information about individual user activities with these partner entities. Session Cookies are temporary cookies that remain in the cookie file of your browser until you leave the Website. Persistent Cookies remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). When we use session cookies to track the total number of visitors to our Website, this is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to the Website to help customize your Indeed web experience. We may associate personal information with a cookie file in those instances. Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser. See below instructions on how to enable and disable cookies for various browsers, and Indeed’s job seeker web beacon: Please check the browser’s cookie settings support pages to confirm the most up-to-date instructions. Google Chrome Click the settings icon on the browser toolbar (three stacked lines) Select ‘Settings’ Click ‘Show advanced settings’ In the “Privacy” section, click the ‘Content settings’ button To enable cookies: In the “Cookies” section, pick ‘Allow local data to be set’. This will enable both first-party and third-party cookies. To allow only first-party cookies, pick ‘Block third-party cookies and site data’ To disable cookies: In the “Cookies” section, pick ‘Block sites from setting any data’ Note there are various levels of cookie enablement and disablement in Chrome. For more information on other cookie settings offered in Chrome, refer to the following page from Google: https://support.google.com/chrome/answer/95647 Mozilla Firefox Click the menu button (three stacked lines) and choose ‘Preferences’ Select the Privacy panel Set ‘Firefox will:’ to ‘Use custom settings for history’ To enable cookies: Check ‘Accept cookies from sites’ To disable cookies: Uncheck ‘Accept cookies from sites’ Note there are various levels of cookie enablement and disablement in Firefox. For more information, refer to the following page from Mozilla: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences Safari on OSX Click on ‘Safari’ at the menu bar and select the ‘Preferences’ option Click on ‘Privacy’ To enable cookies: In the ‘Cookies and website data:’ section, click ‘Always Allow’ or ‘Allow from websites I visit’ or ‘Allow from current website only’ depending on your preference To disable cookies: In the “Cookies and website data:” section, click ‘Always Block’ Note there are various levels of cookie enablement and disablement in Safari. For more information on other cookie settings offered in Safari, refer to the following page from Apple: https://support.apple.com/kb/PH19214 Opera From the main menu, select ‘Settings’ (or ‘Preferences’, when using OS X) Click ‘Advanced’ Under “Cookies”, select an option for handling cookies To enable cookies: Check ‘Accept’ or ‘Accept only from the sites I visit’ depending on your preference To disable cookies: Check ‘Never accept cookies’ Note there are various levels of cookie enablement and disablement in Opera. For more information on other cookie settings offered in Opera, refer to the following page from Opera Software: http://www.opera.com/help/tutorials/security/privacy/ Microsoft Internet Explorer 6.0, 7.0, 8.0, 9.0, 10.0 Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’ In the options window navigate to the ‘Privacy’ tab To enable cookies: Set the slider to ‘Medium’ or below To disable cookies: Move the slider to the top to block all cookies Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies Microsoft Internet Explorer 11 for Windows 10 Click on ‘Tools’ at the top of your browser window and select ‘Internet Options’ In the options window navigate to the ‘Privacy’ tab To enable cookies: Choose ‘Allow’ or ‘Be prompted for first and third party cookies,’ depending on your preferences To disable cookies: Choose ‘Block’ Note there are various levels of cookie enablement and disablement in Explorer. For more information on other cookie settings offered in Internet Explorer, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/17442/windows-internet-explorer-delete-manage-cookies Microsoft Edge Click on ‘More’ and choose ‘Settings’ Under “Advanced settings”, select ‘View advanced Settings’ Under “Privacy and services – Cookies”, choose the option you want. ‘Block all cookies’ blocks all cookies that websites try to save to your computer. ‘Block only third party cookies’ blocks third party cookies, which are saved by external web services, such as ads embedded on webpages you have navigated to. Note there are various levels of cookie enablement and disablement in Edge. For more information on other cookie settings offered in Microsoft Edge, refer to the following page from Microsoft: https://support.microsoft.com/en-us/help/12454/windows-10-microsoft-edge-privacy-faq If you disable all cookies, you may not be able to take advantage of all the features of this website. Consult your mobile device documentation for information on how to disable cookies. In addition, if you would like to remove yourself from Indeed’s job seeker web beacon, you must click here. Indeed may also provide an employer with code for a Conversion Tracker to place on its website that pings the job seeker web beacon and tracks whenever a job seeker has applied to a job on that employer’s website. This Conversion Tracker will attribute an application to Indeed any time the job seeker started their search on Indeed, despite any intervening activity. Indeed does not and cannot collect any of the job seeker’s personally identifiable information and does not have access to the cookies in the employer’s domain. The Conversion Tracker is simply a counter that notifies Indeed that a job seeker has applied. If a job seeker has disabled the web beacon, the Conversion Tracker will have no functionality. Indeed uses the AdWords and Remarketing Lists features of Google Analytics for Display Advertisers. Indeed and Google use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to inform, optimize, and serve ads based on your past visits to our Website. This means that vendors including Google will display Indeed promotional material on other sites you visit across the Internet. You may opt-out of Google Analytics for Display Advertisers including AdWords and opt-out of customized Google Display Network ads by visiting the Google Ads Preferences Manager. To provide website visitors more choice on how their data is collected by Google Analytics, Google has developed an Opt-out Browser add-on, which is available by visiting Google Analytics Opt-out Browser Add-on, to enable you to opt-out of Google’s programs. Indeed marketing service providers. If you do not want Indeed and its marketing services providers to follow your usage of our services via the third party marketing services providers’ cookies and Web beacons, and to learn more about these providers and their privacy policies, please visit each site: Nielsen, comScore, Yandex (Russia website only), Optimizely, Marketo, Sift Science, Demandbase, Olark, Perfect Audience, Zendesk, Appsflyer, Facebook, Twitter, Adometry, Sizmek, MediaCom, Mixpanel, Heap Analytics. Opting out of these services does not mean you will no longer receive online advertising. It does mean that the service from which you opted out will no longer deliver ads tailored to your Web preferences and usage patterns. When you use our Indeed Help Center, you consent to receiving cookies from Zendesk, as set forth in their cookie policy. Indeed may update this list periodically to include other marketing services providers. In all cases where third party cookies are used to track your behavior on Indeed, you must refer to such third party’s site to learn how to remove cookies for that third party specifically. Removing Indeed cookies from your browser will not affect cookies placed by third parties. Changes To Our Cookie Policy From time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes. Privacy Policy Last Updated: November 20, 2017 1. Introduction Indeed values the trust our users and customers place in us when they give us access to their Personal Information. The Privacy Policy describes how we work to maintain that trust and protect that information. Indeed has created this Privacy Policy in order to describe its collection, use and disclosure of personal data you give to Indeed when you access or use Indeed’s online and/or mobile services and websites, and software provided by Indeed on or in connection with such services or websites (collectively, the “Site”). For the purposes of this Privacy Policy, “Indeed” or “we” means Indeed, Inc. if you are a Job Seeker or Employer located in the United States, Indeed Brasil Pesquisa de Empregos ltda. if you are an Employer located in Brazil, Indeed India Operations (Pte.) Ltd. if you are an Employer located in India, Indeed Singapore Operations (Pte.) Ltd. if you are an Employer in the Asia-Pacific Region, Indeed Ireland Operations Limited if you are a Job Seeker or Employer located elsewhere, and Indeed Hire, Inc. if you are receiving the Indeed Hire services. Indeed reserves the right to share data in accordance with this Privacy Policy between and amongst the aforementioned Indeed entities. This Privacy Policy covers only data that we collect through the Site, and not any other data collection or processing, including, without limitation, the data collection practices of any affiliate or other third party, including any third-party operators of web pages to which the Site links, and any information that we collect offline or through any websites, products, or services that do not display a direct link to this Privacy Policy. Occasionally, we may refer to this Privacy Policy in notices and consent requests related to special purpose web pages, mobile applications, or other resources, for example, if we invite you to submit ideas to improve the Site; under such circumstances, this Privacy Policy applies to information collected by us through such special purpose resources, as modified in the particular notice or consent request (e.g., with respect to the types of data collected or our uses or disclosures of such information) Indeed may amend this Privacy Policy at any time. Please review the “Last Updated” legend at the top of this page to determine when this Privacy Policy was last amended. Any changes to this Privacy Policy will become effective on the “Last Updated” date indicated above. By using the Site or providing information to us following such changes, you will have accepted the amended Privacy Policy. If Indeed is going to use Personal Information (as defined below) collected through the Site in a manner materially different from that stated at the time of collection, then Indeed will notify users via email and/or by posting a notice on Indeed’s Site for 30 days prior to such use or by other means as required by law. 2. Information Collected When you create an Indeed account, request information, subscribe for a service, participate in a survey, post a rating or review, post a question or answer, post a resume, upload content or otherwise actively send us data on our Site, we collect such data including, but not limited to, your user name, password, first and last name, email address, telephone number (including mobile phone number), street address, gender, occupation, interests, messages you send to users, and any other data included in a submitted profile or resume, including but not limited to application materials and answers to screener questions submitted to Employers through Indeed and answers you give to any questionnaires sent to you, which you answer. In connection with chargeable services, we will also collect payment information (e.g., credit card number and related verification information). If you use any automated phone screening product, Indeed will record and store your answers to an Employer’s screening questions and will forward your answers to the Employer. You consent to Indeed listening to and analyzing the recording in accordance with this Privacy Policy. In each such instance above, you will know what data we collect through the Site, or collect through screening, because you actively submit it. You may also create an account or log in to your Indeed account using third-party websites including, but not limited to, Facebook. If you do not already have an Indeed account but log in to Indeed using your Facebook account, this creates an Indeed account using the same email address used in your Facebook account. Facebook may also ask for your permission to share certain details with Indeed, including but not limited to your name, profile picture, public profile information and email address. If you agree to provide this information to Indeed, Facebook will authenticate you and redirect you to the Site. Please note, when you log in to Indeed using your Facebook account, Facebook will cookie you in order to authenticate you as a Facebook user. By granting Indeed access to your Facebook account, you understand that Indeed will access, make available and store the information that you provide to Indeed from your Facebook account so that it may be available on and through the Site via your Indeed account. This information will be considered Indeed account information for purposes of your use of the Site. You have the ability to disable the connection between your Facebook account and your Indeed account at any time by accessing your privacy settings on your Facebook account. PLEASE NOTE THAT YOUR RELATIONSHIP WITH FACEBOOK OR ANY OTHER THIRD-PARTY WEBSITE IS GOVERNED SOLELY BY YOUR AGREEMENT WITH SUCH THIRD-PARTY WEBSITE. In addition, as part of the standard operation of the Site, Indeed may automatically collect and analyze information from your computer or mobile device, including, but not limited to, your browser type, operating system, IP address and the domain name from which you accessed the Site, and if you are accessing our Site with your mobile device, the type of mobile device. In addition, we may automatically record and analyze actions taken on the Site including, but not limited to, date and times of use, clicks, page views, the amount of time you spend on each page, and search queries. Indeed reserves the right to match your IP address (or any other information) with other information about you in any way permitted by applicable law. Indeed will store this information on its equipment or the equipment of third parties that Indeed has a relationship with for that purpose. If you create an Indeed account, information may be collected under your account email address. If you access or use the Site on your mobile telephone or other mobile device, including tablets, we collect mobile device identifiers, including MAC Address, and IP Address. Indeed may create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, telephone number, country, and any other information you choose to provide, such as user name, geolocation or email address. If you are an Employer, Indeed may request that you provide certain personal information to Indeed in order to verify your account. This information includes, but is not limited to your Federal Employer Identification Number (EIN), Business Registration information, or a utility bill. This information will be used for internal purposes only, subject to any request by law enforcement or a court order. 3. Limitation of Use or Disclosure of Personal Data When a Job Seeker deletes an account, the Job Seeker will no longer have access to any of the data which we provided under that account name, including but not limited to, search history, job search preferences, saved jobs, jobs the Job Seeker has applied to, job alerts, resume, and any other data associated with the account. If the Job Seeker uses the same email address to set up a new account, this data will not become available to the Job Seeker again. Indeed reserves the right to keep any materials in a deleted account as necessary to preserve and protect its rights as allowed by law (for example, to preserve records of a dispute) or to comply with its obligations under local law (for example, to keep an email address). A deleted account does not mean that all of the data is expunged from the Indeed systems, although it will not be readily available under the Job Seeker’s original account name. When the Job Seeker presses the delete account button on the dashboard, Indeed will begin to process that instruction within 24 hours and will have completed the operation within 40 days. Employers may disable an account, however Indeed must preserve business records pertaining to that account to comply with its obligations under law. If a Job Seeker wants to delete a job application performed on Indeed’s site, they will need to contact the prospective Employer directly to request deletion of their application. When a Job Seeker creates a resume on Indeed, they are given the option to make their resume public or private. Public resumes are available to anyone with access to Indeed’s resume search application. Private resumes are only made available to those whom the Job Seeker has initiated an application or provided their resume. For Public resumes, you authorize and consent to Indeed removing your name from your Public resume, in certain instances. For job applications which you, the Job Seeker submit through Indeed (including the use of an Indeed Apply button) to an employer, (with related materials submitted), please note: 1) that your applications and materials may be controlled by an employer, 2) we may direct you to that employer for personal data deletion requests, and 3) Indeed depends on the Employer or the Employer’s agent to provide Indeed with the correct destination for all applications. In the event that the electronic destination provided to Indeed is incorrect, your application materials will not be sent to the intended recipient of the application. Indeed has no liability for such applications. If you do not wish to send your application materials in this manner, you should send them directly to the employer. 4. Uses and Disclosures of Information We may use any information collected pursuant to this Privacy Policy, including information that identifies you as a specific individual (“Personal Information”), for the purposes set forth in this Paragraph 4 and Paragraphs 5, 6, and 10 below. Indeed uses such information to provide our services and features to you, including to provide employer information to you, to measure and improve those services and features, and to provide you with customer support. For example, Indeed uses your previous search and browsing history (e.g. the jobs you click on), or application materials and answers to screener questions, to determine relevant search results and provide you with recommended jobs or reach out to you about jobs you may be interested in. Indeed may also provide information collected pursuant to this Privacy Policy, including Personal Information, to employers that may be interested in contacting you. By applying to a job, providing your contact information to show interest in a job, or by replying to a message from an employer, you consent to the disclosure of your information to that employer. Indeed may also use information provided to Indeed via your Indeed Resume to pre-populate application information for you and for other similar purposes. More specifically, you take a variety of actions on our Site. For example, you search for jobs, and Indeed knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed Indeed, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to or any of your other behavior on the Indeed site, when you use Indeed. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Indeed account or an Indeed-hosted resume, you agree that Indeed may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Indeed. You also agree that Indeed may contact you based on this observed behavior. Indeed may also share such information with third parties (including operators of third-party websites and/or social networking sites) in order to show you targeted advertisements and other content that has been customized for you. Indeed may also use information collected pursuant to this Privacy Policy to prevent potentially illegal activities and activities that are detrimental to you or others. Indeed may investigate and disclose information from or about you or your use of Indeed if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process (including subpoenas, search warrants, court orders) and law enforcement instructions and orders; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the use of the Site; or (c) may protect our rights, reputation, property, safety, or that of the public; or (d) as necessary to meet national security requirements. Indeed is subject to the investigatory and enforcement powers of the Federal Trade Commission or other investigatory bodies of the United States. We may use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. However, such detection methods are not perfect and false positives may occur. These efforts may on occasion result in a temporary or permanent suspension or termination of some functions for some users. Indeed provides two-way message proxy and relay services to the users of our Indeed products, including: Indeed Resume, Indeed Apply, and Post a Job. By utilizing this Indeed relay function in connection with any of the aforementioned products, you acknowledge that you are asking Indeed to send these messages on your behalf. We monitor, review, store and analyze your content (including your resumes, cover letters, applications, messages, questionnaire answers, responses, offer letters and other materials) that you send, store or receive, including via automated means and otherwise, for data analysis, quality control, and to refine the Site or any other Indeed product or service (including to provide better search results and other listings for job seekers and employers, provide you with personally relevant product features, and to prevent and block fraud and spam or reduce unwanted mail). When communicating through Indeed’s relay system, you will see an email address with an @indeedemail.com or @indeedmail.com ending. You retain no ownership rights in these email addresses, which are specific to Employers’ Job Listings, but owned by Indeed. Indeed’s relay system will show the name associated with your account or job application in the “To:” or “From:” field. Please note that since these message proxy and relay services depend on the functionality of third party providers, there may be technical delays on the part of those email service providers. If you share the Indeed-owned email address with someone other than yourself, and they send an email to this email address, Indeed reserves the right to verify and confirm the identity of the sender of that email with the Employer associated with that email address’ Job Listing. Indeed reserves the right to drop messages from our relay system that Indeed determines do not adhere to Site Rules or any of the terms of this agreement. Any information shared by you with Indeed may be shared with or transferred to any Indeed affiliated entity (including those located outside the European Union or Switzerland, or Indeed Hire, Inc.), no matter where located, for the purpose of providing you services and improving the Site. By using the Site, you consent to this transfer and acknowledge that the services provided to you and the functionality of the Site could not be provided without such a transfer. If you do not wish your information to be transferred in this way you should not use this Site. Transfer of Data to Third Parties We may use other companies, including affiliates and third parties, to perform services in connection with our operations, and to improve the Site and our other products and services. These third parties may include (but are not limited to) service providers and vendors. In the course of providing these services, those companies may have access to Personal Information, and such Personal Information may be transferred to other countries. Those companies are contractually required to treat such Personal Information in accordance with this Privacy Policy. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities related to the transfer of Personal Data for EU and Swiss Residents. You may also use certain third-party sites or services that you link to from Indeed’s Site. In such cases, all information you provide to a third party is provided to that third party and not to Indeed, and is subject to the third party’s privacy policy and terms of service. Please see the section below titled Links to Third-Party Sites for more information. Indeed may use your IP address and mobile device information to help diagnose problems with Indeed’s service and to administer the Site. Your IP address and mobile device information may also be used to help identify you, your location, and your online profile and to gather broad demographic information (such as country of origin). Indeed may maintain (as permitted by applicable law) information collected from you pursuant to this Privacy Policy following any termination of your relationship with Indeed. Indeed may also delete such information as permitted by applicable law. If you provide credit, debit or other payment card and related details to us in order to make a payment, Indeed will use such information only for the purpose of processing the payment. Indeed may also aggregate your data with other data, for the purposes set forth above. If you post your resume on Indeed, please note that although Indeed expressly prohibits the scraping of its Site any resume you post publicly is public information and the content may be copied by a third party in violation of these terms. 5. Contact and Resume Information When you give Indeed contact information (such as your name and email address) and demographic information, you agree that Indeed may utilize this information as set forth herein. You agree that Indeed may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Indeed account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Indeed or that Indeed may otherwise obtain from third-party resources. If and to the extent permitted by applicable law, Indeed or its designated third-party partners may also use your contact information to (i) send you job alerts; (ii) create an account; and (iii) send you information about Indeed, including promotional materials. A job alert is defined as an email sent to you that you sign up for containing Job Listings in response to a search query you have run (“Job Alert”). Job Alerts may also include jobs that Indeed recommends for you, Indeed Targeted Ads, companies you may be interested in following, or other actions you may want to take on the Site. Indeed may offer you the opportunity to receive a text message interview reminder from Indeed when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the Indeed consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. Indeed will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system. Indeed may use demographic and/or profile data to tailor your experience on the Site, show you content that Indeed thinks you may be interested in, and display content according to your preferences. Your information, including Personal Information, gets placed on the Site when you upload or edit a resume. To the extent you upload a resume or edit it, and subject to your Privacy Settings, you are making the resume, your name and other Personal Information that you place on your resume available to third parties who may be interested in you as an employee (and who may forward your resume and Personal Information to other third parties), to Job Seekers who may want to contact you, to search engines, or to the general public by posting your Personal Information on the internet. However, please note that for Public resumes, you authorize and consent to Indeed removing your name from your Public resume, in certain instances. You acknowledge that Indeed may determine whether the words of your resume or any other individuals’ resume match the words of certain job descriptions, and vice versa, in order to improve the Site or any other Indeed product or service (including by displaying or otherwise making available potentially relevant job descriptions and resumes to job seekers and employers). If you post a public resume, this may be crawled by, and displayed through, search engines when someone searches for your name. This means that third parties can view the Personal Information contained in your resume and you may receive unsolicited contact from parties unaffiliated with Indeed and for whom Indeed has no responsibility. If you do not want your Personal Information posted on the Site, you should not upload it. You may opt out of this feature on a going forward basis by editing your Privacy Settings; however, Indeed does not warrant how often third-party search engines will update their caches, which may continue to contain your resume information. Indeed reserves the right to charge third parties a fee for accessing your information, including Personal Information, as part of Indeed’s services. At your direction, Indeed may also send your resume to third parties if you choose to apply for a job listing. 6. Additional Uses and Disclosures of Non-Personal Information In addition to the other uses and disclosures of information set forth in this Privacy Policy, and notwithstanding anything in this Privacy Policy to the contrary, we may use and disclosure, for any purpose, any information that does not identify you as a specific individual (“Non-Personal Information”), except where we are required to do otherwise under applicable law. Such Non-Personal Information may include, for example and without limitation: MAC addresses and other device identifiers; IP addresses; pixel tags and similar technologies; physical location information; and demographic information, including gender, dates of birth, ZIP codes, etc. Non-Personal Information may also include Personal Information that has been aggregated or deidentified. If we combine any Non-Personal Information with Personal Information (such as combining your ZIP code with your name), then we will only use and disclose such combined information for the purposes described in this Paragraph 6 and Paragraphs 4, 5 and 10 of this Privacy Policy while it is so combined. If we are required to treat Non-Personal Information as Personal Information under applicable law, then we may use and disclose it for all the purposes for which we use and disclose Personal Information. 7. Security Indeed seeks to use reasonable security measures to help protect against the loss, misuse and alteration of the Personal Information under Indeed’s control. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with other users, are not encrypted. We strongly advise you not to communicate any confidential or sensitive information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security. Please also be aware that we may use third-party cloud service providers that provide hosting, data storage and other services pursuant to standard terms and conditions that may be nonnegotiable; these service providers have informed us or the general public that they apply security measures they consider adequate for the protection of information within their system, or they have a general reputation for applying such measures. However, we will not be liable (to the fullest extent permitted by law) for any damages that may result from the misuse of any information, including Personal Information, by these companies. Please see paragraph 11 for liabilities pertaining to the transfer of personal data for EU and Swiss Residents. 8. Cookies “Cookies” are small pieces of information that are stored by your browser on your computer’s hard drive. Please see our cookie policy for further information regarding Indeed’s use of Cookies. 9. Links to Third-Party Sites The Site may make available links to other websites. When you click on such links, you may leave our Site. The Site may also make available Company Pages, which may contain information provided by third-party Employers. WE ARE NOT RESPONSIBLE FOR THE INFORMATION COLLECTION, USE, DISCLOSURE OR OTHER PRIVACY PRACTICES OF ANY THIRD PARTY, INCLUDING OUR AFFILIATES, THIRD-PARTY SERVICE PROVIDERS, ANY EMPLOYERS (INCLUDING ANY EMPLOYER THAT PROVIDES A COMPANY PAGE), ANY THIRD-PARTY SOCIAL MEDIA PLATFORM, ANY THIRD PARTY MAKING AVAILABLE THE DEVICES OR OPERATING SYSTEMS FOR WHICH THE SITE IS AVAILABLE, AND ANY THIRD PARTY OPERATING ANY WEBSITE TO WHICH THE SITE CONTAINS A LINK. YOU MAY HAVE RIGHTS DIRECTLY ENFORCEABLE AGAINST THESE THIRD PARTIES SO YOU SHOULD CONSIDER THEIR PRIVACY POLICIES TO LEARN MORE. 10. Acquisitions and Other Reorganizations Information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any change of ownership or control in Indeed’s business (whether by merger, sale, or otherwise), or any other reorganization or joint venture, or assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceeding), and any such information may be used by such third party in accordance with this Privacy Policy. Equally, information collected pursuant to this Privacy Policy, including Personal Information, may be disclosed to one or more third parties in connection with any acquisition or merger carried out by Indeed of such third parties. 11. Personal Data of EU and Swiss Residents The following section pertains to users who are located in the European Union and Switzerland. Indeed Ireland transfers certain data to Indeed, Inc. in the U.S.. Indeed, Inc. complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union member countries and Switzerland to the United States. Indeed has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity, and Purpose Limitation, Access, Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. In the context of an onward transfer of data to a third party, a Privacy Shield organization has responsibility for the processing of personal information it receives under the Privacy Shield and subsequently transfers to a third party acting as an agent on its behalf. Indeed shall remain liable under the Principles if its agent processes such personal information in a manner inconsistent with the Principles, unless Indeed proves that it is not responsible for the event giving rise to the damage. Residents of the European Economic Area and Switzerland have a right of access to their data. Job Seekers are able to access and update their resume data through the resume portion of Indeed’s site. If you wish Indeed to access and edit such data on your behalf, please send a certified letter to the above address with a copy of your passport or national identity card (for identity verification purposes) and the same will be provided to you. There may be a charge for such a request (which will not be higher than applicable law permits). European Economic Area and Switzerland residents also have a right, if their personal data is inaccurate, of rectification, erasure or blocking of such inaccurate personal data. You may edit your resume free of charge (if there is an inaccuracy or otherwise), by following procedures set forth on the Site. If your personal data is inaccurate, you may alternatively request Indeed to rectify, erase or block the data by sending a certified letter, with a copy of your passport or national identity card (for identity verification purposes), to the above address with the exact nature of the requested action. 12. Do Not Track Requests We do not respond to the browser “Do Not Track” (DNT) signal if enabled by the user in their web browser. When we set or read cookies on non-Indeed sites that have integrated our job search and display features, we do so, for example, to provide a personalized job search experience to users on those sites. We do not share any information about your use of Indeed with those third parties. When third parties that we have integrated into Indeed sites (as described in the Indeed Cookie Policy) set or read their own third-party cookies, they may or may not respond to the DNT signal. 13. Opting Out If you no longer want to receive promotional materials from us based upon your Personal Information, going forward, you may opt out of receiving such marketing related messages by sending an email to opt-out @ indeed.com (remove spaces when sending email). Please note that we may still send other messages to you, such as administrative messages. We will try to comply with your request as soon as reasonably practicable. 14. Independent Dispute Resolution In compliance with the US-EU and Swiss-US Privacy Shield Principles, Indeed commits to resolve complaints about your privacy and our collection or use of your personal information. European Union and Swiss individuals with inquiries or complaints regarding this privacy policy should first contact Indeed at: Indeed Privacy Program, Director of Privacy, Indeed, 1301 2nd Ave. 13th Floor Seattle, WA 98101 USA, or by emailing privacy-dept @ indeed.com (remove spaces when sending email). Indeed has further committed to refer unresolved privacy complaints under the EU-US and Swiss-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a nonprofit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit http://www.bbb.org/EU-privacy-shield/for-eu-consumers for more information and to file a complaint. There may be a possibility, under certain limited conditions, for EU and Swiss individuals to invoke binding arbitration before the Privacy Shield Panel. 15. General Inquiries and Complaints You may contact Indeed, Inc. at 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and you may contact Indeed Ireland Operations Limited at 124 St. Stephen’s Green, Dublin 2, Ireland; or you may contact either company via our Site contact form. Indeed Terms of Service Introduction Each time you access or use Indeed’s online and/or mobile services and websites, including any Indeed mobile application (collectively the “Indeed Apps”) regardless of where it is downloaded from, and any software provided by or on behalf of Indeed on or in connection with such services or websites (collectively, the “Site”), including, but not limited to, the Indeed Ads Program, Indeed Resume Program (otherwise referred to as the Indeed CV Program in certain countries), Indeed Prime, Indeed Targeted Ads, Indeed Publisher Program, Indeed Apply, or any other service, (a) you represent that you have read and understand the Cookies Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities: Indeed Brasil Pesquisa de Empregos Ltda., Rua Fidêncio Ramos, 302, Torre B, 12º andar, São Paulo, SP, 04551-010, Brasil, solely with respect to use by an Employer (as defined below) of the Indeed Ads Program, and Indeed Resume Program, if any, if and when you are in Brazil (“Indeed Brazil”), and/or Indeed, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, if and when you are in the United States (“Indeed, Inc.”), and/or Indeed India Operations (Pte.) Ltd., Ground Floor, Block C, Divyasree Omega Hitech City Road, Kondapur, Hyderabad TG 500084 India, solely with respect to Employer’s use of the Indeed Ads Program and Indeed Resume Program, if any, if and when you are in India (“Indeed India”), and/or Indeed Singapore Operations (Pte.) Ltd., 50 Collyer Quay #05-05, OUE Bayfront, Singapore 049321, solely with respect to Employer’s use of the Indeed Ads Program and Indeed Resume Program, if any, if and when you are in the Asia-Pacific Region* (unless you have an insertion order issued by another Indeed entity, in which case you will contract with Indeed Ireland) (“Indeed Singapore”), and/or Indeed UK Operations Ltd., 20 Farringdon Road, 3rd Floor, London EC1M 3HE, United Kingdom, solely with respect to Employer’s use of the Indeed Ads Program and Indeed Resume Program, if any, if and when you are supported primarily by Indeed’s UK office, and/or Indeed Ireland Operations Limited, 124 St. Stephen’s Green, Dublin 2, Ireland, in all other respects (“Indeed Ireland”). Any references to “Indeed” or “we” in this Agreement shall mean the applicable entity as set forth above. The Site is made available for use only by individuals searching for employment openings (“Job Seekers”), by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), and by individuals and/or organizations seeking to participate in the Indeed Publisher Program (“Publishers”). If you are accessing or using the Site in your capacity as an employee or other representative of an Employer or Publisher, you are agreeing to this Agreement on behalf of yourself and such Employer or Publisher, as applicable, and you represent and warrant that you have the authority to bind such Employer or Publisher, as applicable, to this Agreement. We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users. This Agreement hereby incorporates by this reference any additional terms and conditions posted by Indeed through the Site, or otherwise made available to you by Indeed. In particular: If you access or use the Indeed Ads Program, you are agreeing to be bound by the Indeed Ads Program Terms If you access or use the Indeed Resume Program, you are agreeing to be bound by the Indeed Resume Program Terms If you access or use Indeed Prime, you are agreeing to be bound by the Indeed Prime Terms If you access or use Indeed Targeted Ads, you are agreeing to be bound by the Indeed Targeted Ads Terms If you access or use the Indeed Publisher Program, you are agreeing to be bound by the Indeed Publisher Program Terms For all other uses of the Site, you are agreeing to be bound by the Indeed General Terms of Service Indeed General Terms of Service Last Updated: November 20, 2017 A. The following terms and conditions apply to all Job Seekers, Employers, Publishers and other users who access or use the Site, or otherwise indicate their acceptance to this Agreement. 1. The Indeed Services Indeed may make available certain job listings and other job-related contents, including links to third-party websites (such listings and other contents, (“Job Listings” or “Job Ads”), through Indeed’s search results or otherwise through the Site. Job Listings are created and provided by third parties over whom Indeed exercises no control; you acknowledge and understand that we have no control over Job Listings. Except for certain sponsored, featured or paid placements, the Job Listings contained on, or linked from, the Site are indexed or posted in an automated manner. Indeed does not have any obligation to screen any Job Listing, or to include any Job Listing in its search results or other listings, and may exclude or remove any Job Listing from the Site for any or no reason. We cannot confirm the accuracy or completeness of any Job Listing or other information submitted by any employer or other user, including the identity of such employer or other user. Indeed assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any Job Listing. You agree that Indeed may also provide search options to narrow down Job Listing search results by job type (i.e. full-time, part-time, etc.), and such job types are created independently and entirely by Indeed, and are not a direct reflection of the actual Job Listing. 1(a) Notice to Users Applying to Jobs Through Indeed: If you are a Job Seeker, any resume or application information that you submit through the Site is subject to this Agreement (including Section 4 below) and to Indeed’s Privacy Policy. Without limiting the foregoing, however, please note that by creating a public Indeed Resume through the Site, you are requesting and authorizing Indeed to make available your resume to any Employer that Indeed believes may have an interest in your resume. By creating or uploading an Indeed Resume, Indeed may contact you to share Job Listings with you that match the contents of your Indeed Resume. In addition, when you indicate your interest in a Job Listing through Indeed Apply or by RSVPing to a hiring event (hereinafter, all references on the Site to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with Indeed”, “RSVP to hiring event” or any similar references are referred to as “Indeed Apply”) you are requesting and authorizing Indeed to reformat the job so that you may read it more clearly in your phone, you are sending your resume and application information to Indeed, and you are requesting and authorizing Indeed to make available such application information to the applicable Employer(s) for such Job Listing(s). When you ask Indeed to transmit an application or a message to an Employer via Indeed Apply or Indeed’s relay system or store such application, you understand that this is without warranty, and that Indeed reserves the right to reformat such application or message. Indeed may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy and that such calls are not placed through or tracked by Indeed. Your standard calling rates with your phone provider will apply. Indeed also does not guarantee that any Employer will receive, access, read or respond to any such resume or application material, or that there will be no mistakes in the transmission or storage of the data. However, Indeed may alert you when any of the above events occur. Indeed may offer you the opportunity to receive a text message interview reminder from Indeed when the Employer has scheduled interviews with you. In such an event you will enter your phone number on the Indeed consent form and by entering your phone number you are representing and confirming it is your number and you have the right to accept text messages at the number. Indeed will only send you a text message reminder for such interview and you agree to accept such text message reminder on your cell phone including messages sent by automated telephone dialing system. In addition, by using Indeed, you agree that Indeed is not responsible for the content of the Employer’s application form, messages, screener questions, testing assessments or their format or method of delivery and that Indeed does not guarantee receipt of your application by the Employer, or your receipt of messages from the Employer. Please note that Indeed does not choose the questions asked by Employers or decide the job qualification criteria of Employers. If you require alternative methods of screening or application you must approach the Employer directly to request such as Indeed is not responsible for the Employer application process. By using Indeed Apply and answering screener questions, you acknowledge that Employers may have instructed Indeed to send out rejection notices if you have not answered the questions in a manner that the Employer so wishes, and you acknowledge that Indeed has no discretion in the transmission of these rejections. When you apply to a job using the Indeed Apply button, Indeed will attempt to send your application to the contact information provided to us by an Employer or their Agent. We cannot vouch for the validity of such contact information provided to us. If you do not feel comfortable sending an application or messages in this manner or having your application or messages stored on Indeed, do not use the Indeed Apply or Indeed relay functions and please send your application or messages directly to the Employer by whatever other method you so choose. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through Indeed being processed and analyzed by Indeed according to this Agreement and Indeed’s Privacy Policy. Indeed shall store such information regardless of whether a job vacancy has been filled. Indeed may use your application materials (including public resumes and responses to screener questions) to determine whether you may be interested in a Job Listing, and Indeed may reach out to you about such Job Listing. Indeed does not guarantee the identify of an Employer or any individuals working for any Employers, and cautions Job Seeker’s when applying to jobs. Indeed does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Job Seeker’s are solely responsible for verifying the accuracy of any Employer or job offer. 1(b) If you are an Employer, when you create an Indeed account, a Career Page or post a Job Listing on the Site, whether as part of the Indeed Ads Program or otherwise, you agree that this Agreement and all of Indeed’s policies, including the Indeed Privacy Policy and Cookie Policy, apply to you and to the Job Seekers using such Career Page or indicating an interest in such Job Listings. Specifically, when you create an Indeed account, Indeed may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Indeed may have access to your identification documents via NetVerify. You also agree that, as a service to Job Seekers, Indeed may activate its Indeed Apply relay function for use in connection with such Job Listing, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through Indeed Apply, and that Indeed will send applications to the email address you provide us with. When you use the Indeed Apply relay function, you acknowledge and agree that Indeed may add certain functions into the email, which allows you to take actions regarding the Job Seeker including setting up an interview, viewing a resume and rejecting a candidate, and that you consent to Indeed monitoring and analyzing these actions. When using the Indeed Apply function, Indeed will attempt to send applications to the contact information provided to Indeed by you, the Employer. Indeed has no ability to verify the contact information provided by You. In the event You provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Indeed for any damages resulting therefrom. In addition, Indeed may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Indeed may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. Indeed is not responsible for the content of your emails, application form, screener questions or their format, and disclaims all liability for such content, including as to whether such content is legal. Indeed further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. When you use screener questions, you may be given the option to instruct Indeed to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your Employer dashboard. You further acknowledge that Indeed has no discretion in the transmission or storage of these rejections (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. Indeed does not verify the identify of any Job Seekers who apply to your job listing, nor does Indeed know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Indeed Apply is presented to you without warranty and Indeed assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility. By using any automated phone screen product, you agree that you are requesting Indeed to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by Indeed. You also agree that you are only asking Indeed to record the Job Seeker’s answers to your screening questions and that Indeed will forward you the recording of the answers to your questions. You consent to Indeed listening to and analyzing the recording in accordance with Indeed’s Privacy Policy. When you respond to or contact a Job Seeker who has used Indeed Resume, or Indeed Apply, you are providing information to Indeed and requesting and authorizing us to make available such information to the applicable Job Seeker. Additionally, you consent to Job Seekers’ applications and any responses sent by you (including offer letters) through Indeed being processed and analyzed by Indeed according to this Agreement and Indeed’s Privacy Policy. Indeed shall store such information regardless of whether a job vacancy has been filled. You are responsible for the contents of any Career Page that you create, any Job Listings that you post, and any messages that you send through Indeed Apply or otherwise, including any questions for Job Seekers. You agree that Indeed may reject or remove any Job Listing, any part of any Career Page, or any questions for Job Seekers for any or no reason. You shall indemnify, defend and hold harmless Indeed, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Career Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Indeed may provide analytics data regarding your Employer account to anyone at your company at Indeed’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Indeed product, Indeed reserves the right to suspend or terminate your use of that Indeed product as well as any other Indeed product, including but not limited to those Indeed products where you do not have an unpaid invoice or account balance. 1(c) Regardless of whether you are an Employer or Job Seeker, when you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Indeed may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Indeed product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site, Indeed may also inform a Job Seeker that an Employer has taken an action with regards to a Job Seeker’s Resume or application such as opening the Resume or application, viewing the Resume or application and making a decision with regards to the application, and you hereby consent to Indeed taking such actions. Indeed assumes no responsibility, and disclaims all liability, for the content, accuracy, completeness, legality, reliability, or availability of any job listing, Career Page, job solicitation, screener question, answer to screener question, resume information you post, send or receive through the Site. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact Indeed to do so. 1(d) Regardless of whether you are an Employer or Job Seeker, Indeed may use application materials (including resumes and responses to screener questions) to determine whether the words of any Job Seeker’s resume and answers to screener questions match the words of a Job Listing or Resume query, and vice-versa. Regardless of whether you are an Employer or Job Seeker, you agree and consent that Indeed may differentiate those matching resumes and screener questions from those that do not match, and presenting them to Employers as matches or not matches. Indeed may also use such information in order to improve the Site or any other Indeed product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers). 1(e) Regardless of whether you are an Employer or Job Seeker, Indeed may provide certain categories of information to you for informational purposes only. For example, Indeed may provide you with data regarding estimated salaries for a certain Job Listing, or about estimated applies to a Job Listing you may receive as an Employer. These figures provided by Indeed are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are an Employer participating in the Indeed Ads Program, please note that this is not the information you are purchasing from Indeed and you are not charged per apply. Indeed may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Indeed. These figures are given to Indeed users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. 1(f) Regardless of whether you are an Employer or Job Seeker, Indeed may provide certain types of career-related or hiring-related information on its Site. All information contained in any Indeed career or hiring guide is for informational purposes only, and is in no way to be construed as professional career counseling or staffing services. You understand that Indeed may give suggestions or information regarding best-practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, Indeed is not acting as a job placement agency or staffing firm. You also understand that by referring to or using such career or hiring guides, you are not guaranteed job interviews, job placement, assurance of being hired, job candidates, or hires, and you take full responsibility for use of these services or guides. 1(g) Regardless of whether you are an Employer or Job Seeker, Indeed may provide you an online questionnaire relating to your industry and/or your hiring or job searching needs. Indeed may match a Job Seeker’s responses to such questionnaires to determine, on the basis of the Employer’s responses to a questionnaire about its industry and/or hiring needs, whether such Job Seeker would match the Employer’s hiring criteria as specified in the Employer’s questionnaire responses. In the event Indeed determines that a Job Seeker matches the Employer’s hiring criteria, Indeed may connect such matching Job Seeker and Employer by sending a note informing both parties of the match, including but not limited to sending an Employer a short description of a Job Seeker taken directly from the Job Seeker’s responses to the questionnaire. In all events you will know what data we are providing to either a Job Seeker or Employer, or upon which we relied to make the match, because you have actively submitted it. If the Employer and Job Seeker express interest in each other, you agree Indeed may provide the Employer with an email address for the Job Seeker either provided by Indeed or the Job Seeker and, if you are a Job Seeker, you consent to this. Regardless of whether you are an Employer or Job Seeker, by submitting the completed questionnaire, you agree and consent to Indeed (i) conducting such matching, utilizing only material you have submitted through the questionnaire process, (ii) presenting matching Job Seekers to Employers, and vice versa and (iii) storing and analyzing such data submitted in response to such online questionnaires. 1(h) If you are a Job Seeker, you take a variety of actions on our Site. For example, you search for jobs, and Indeed knows and stores the titles of jobs you search for, where those jobs are located, any information, including salary interest or experience of which you have informed Indeed, or the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, or any of your other behavior on the Indeed site, when you use Indeed. You know exactly what this data is because you are the person who undertook the activity and the data pertains only to your activity. If you have an Indeed account or an Indeed-hosted resume, you agree that Indeed may use this observed factual data to suggest jobs to you and to suggest you or your public resume to Employers that might be interested in a person who matches your behavior on Indeed. You also agree that Indeed may contact you based on this observed behavior for Employers or for Indeed itself. Please note, although information may be sent to you by a third party through the Indeed system, the aforementioned behavior does not include information relayed to you. However, Indeed may publicly display the fact that you have recently used the Indeed Site or the fact that you have recently used the Indeed system to correspond with a third party. 1(i) If you are a Job Seeker, please note that Indeed may automatically send you recommended jobs via the email address you use to create an Indeed account or apply to a job. Indeed may determine what these recommended jobs are on the basis of a variety of factors, including but not limited to, any information you input on the Site about yourself, searches you run on the Site, jobs you click on, jobs you apply to, or the materials you provide in a job application to an Employer through Indeed. 1(j) The Indeed Express Plan is governed by the terms and conditions found in the Indeed Ads Program terms below, with the exception of any billing terms contained in Section 5. Payment. If you have chosen to activate the Indeed Express Plan, please note that you will only be charged the amount listed on the Express Plan page in the Post a Job funnel on the Site (“Express Plan Page”) if you receive the number of qualified applicants described on the Express Plan Page, in the amount of time listed on the Express Plan Page. A Qualified Applicant is defined as an applicant whose answers to the application questions you configure meet your defined requirements. In order to activate this plan, you must configure at least one application question. Once you have activated an Express Plan, you may pause or cancel your job at any time. Once you have received the number of Qualified Applicants listed on the Express Plan Page, your job may be automatically paused. After the amount of time listed on the Express Plan Page has passed, if you reactivate your job, it will be governed by the entirety of the Indeed Ads Program terms. 1(k) Screening Tools: Indeed may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools and employee assessments. Indeed is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Indeed, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Indeed. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state act. Indeed does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You the Employer agree to indemnify Indeed for any and all claims arising out of an Employer’s use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”. 1(l) Regardless of whether you are a Job Seeker or an Employer, any emails or email notifications corresponding with any actions you take on the Site through the Indeed Apply process are provided solely as a courtesy. Indeed disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. Further, if you are an Employer and you posted a Job Listing directly on Indeed, applications are sent only to your Indeed dashboard; any other notifications you may receive are provided solely as a courtesy to you. 1(m) Indeed may offer beta test products which have different pricing models for posting your Job Listing, including but not limited to payment for candidates you deem to be qualified. These beta test products may be offered in limited quantities, in limited locations, and for limited job categories in order to gauge interest. The current offering is in two locations within the Austin area (Georgetown, TX and San Marcos, TX) for Senior Staff Nurse and Dental Nurse jobs. If you purchase the beta test product in which you receive a certain number of qualified candidates for a price, please note that any “money back” offer requires that you notify Indeed within thirty days that the candidates you receive do not meet your qualifications. Indeed reserves the right to offer “money back” either via a refund or simply not invoicing you for payment. Indeed further reserves the right to change the terms or parameters of any beta test product at any time. 2. External Sites The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that Indeed is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site. In addition, Indeed may provide you with links to certain third party sites that offer you services for your use or benefit. We may stop offering any such third party sites or services at any time. If you choose to use such third party sites or services, you enter into an agreement with such third party alone at your own risk. When entering into an agreement with such parties, you are giving them your data directly and your rights and their obligations are determined by their privacy policies and terms of service. We are not responsible for any content or services provided these third parties, and disclaim all liability from anything that may occur when you utilize such third parties. We are additionally not responsible for any payment that may be asked of you by such third party. You will be notified on the site that these are third party sites and services, and not Indeed. 3. Use of Site You are not permitted to use Indeed’s Site or its content other than for non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract data from the Site (such as screen scraping or crawling) is prohibited. Indeed reserves the right to take such action as it considers necessary, including issuing legal proceedings without further notice, in relation to any unauthorized use of the Site. If you wish to make commercial use of the Site, if you wish to make use of the Site in any capacity other than that of a Jobseeker or Employer, or if you wish to purchase Indeed services that utilize the Site, you must have a prior written agreement with Indeed to do so, or have accepted Indeed’s online terms of service. Please contact us for more information. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason. 4. User Content Some parts of the Site, such as message boards and forums, may allow users to post Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a user submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). Such functionality is designed to help users obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let users know of jobs. User Content is provided by third-party contributors, many of whom may use anonymous screen names. User Content may be inaccurate, incomplete, misleading or deceptive. For example, the Site hosts Company Pages, which allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Indeed does not endorse and is not responsible for any User Content, including any opinion, advice, information, or statement contained therein. You acknowledge that by accessing the Site, you may come into contact with content (including User Content) that you find harmful, offensive, threatening, indecent or objectionable, including, but not limited to, explicit language and other potentially offensive material, and you acknowledge that Indeed shall have no liability with respect to such content. You must not post any User Content that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs, or that contains no relevant or constructive content. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding. You are prohibited from posting any User Content containing official identification information (whether your own or of another person), such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Indeed may remove any such identification information, but does not undertake any obligation to do so, and has no responsibility and disclaims all liability for any posting of such identification information. Indeed reserves the right to change the display of resume on its Site, including, but not limited to, hiding fields, rearranging its format, and changing visual elements. Although Indeed has no obligation to do so, Indeed may monitor User Content, and reserves the right to delete any User Content or portion thereof that, in Indeed’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific portion of the Site on which it is posted, or that is an advertisement, recruiting or other commercial message, or that Indeed deems in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, please contact Indeed immediately so that we may have the opportunity to consider its removal. For clarity, Indeed does not have any obligation to remove any User Content, and the interpretation of whether any User Content violates any Indeed policy will always remain within the sole discretion of Indeed. Indeed reserves the right to disclose all User Content and other relevant information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that Indeed may honor subpoenas, search warrants, law enforcement or court-mandated requests to reveal a user’s electronic address and identity, or other properly requested information. As an Employer, when you post a Job Listing on Indeed that you choose to list as confidential, your identity may be discoverable by request from the government or law enforcement. Without limiting the generality of the foregoing, Indeed reserves the right (but is under no obligation) to remove any Job Listing that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing specifically makes clear that only Job Seekers matching a certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age or disability. Indirect discrimination means, for example, that a Job Listing implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing that directly or indirectly discriminate against Job Seekers or otherwise violate applicable law. Please note: Section 230 of the U.S. Communications Decency Act provides that: (1) Treatment of publisher or speaker No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. (2) Civil liability No provider or user of an interactive computer service shall be held liable on account of- (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1). 5. License to User Content and Feedback Only to the extent permitted by law, if you post content or submit material to Indeed, including photographs or material you submit for a job solicitation hosted on Indeed, you grant Indeed a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Indeed website or its publisher partners, maintaining the Indeed website and promoting Indeed without restriction. Furthermore, you grant to Indeed, its affiliates, and sublicensees the license to use your name, user name, and/or trademarks and logos in connection with any such User Content or Indeed marketing materials, or actions by Indeed to promote or publicize such User Content (e.g. Job Listings) including the use of keywords in third-party internet search engines. Notwithstanding the foregoing, to the extent any Employer(s) submits photographs to Indeed for association with a particular Job Listing, Indeed shall not post such content anywhere other than the Employer(s)’s Job Listing. You represent and warrant that: (i) you own the User Content that you submit, post, display, or otherwise make available on or through the Site, or that you otherwise have the right to grant the license set forth in this section, (ii) such User Content, and its submission, posting, display or availability on or through the Site does not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site does not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless Indeed and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow Indeed to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content. There may be a charge for answering and executing such a request; please contact Indeed for more details. At your discretion, you may provide feedback and related materials to Indeed concerning the functionality and performance of the Site from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, provide any Feedback, you hereby grant to Indeed a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. You agree that Indeed may disclose any or all Feedback to any third party in any manner, and you agree that Indeed may sublicense any or all Feedback in any form to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is gratuitous, unsolicited and without restriction, and will not place Indeed under any fiduciary, confidentiality or other obligation, and that we are free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by accepting any Feedback, Indeed does not waive any rights to use similar or related ideas previously known to Indeed, or developed by its employees, or obtained from sources other than you. Finally, if you are a member of Indeed Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of Indeed, working for Indeed, or in any form of co-employment or contractor relationship with Indeed. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and Indeed, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, Indeed may remove you from Indeed Academy in its sole discretion. 6. Site Rules You agree not to access (or attempt to access) the Site by any means other than through the interface that is provided by Indeed, unless you have been specifically allowed to do so in a separate, written agreement with Indeed. You agree that you will not engage in any activity that interferes with or disrupts the Site (or the servers and networks which are connected to the Site). Unless you have been specifically permitted to do so in a separate, written agreement with Indeed, you agree that you will not crawl, scrape, reproduce, duplicate, copy, sell, trade or resell the Site for any purpose. You agree that you are solely responsible for (and that Indeed has no responsibility or liability to you or to any third party for) any breach of your obligations under this Agreement and for any consequences (including any loss or damage which Indeed may suffer) of any such breach. You agree that you shall not transmit to Indeed or upload to or through the Site (whether as User Content or otherwise) any Harmful Code, or use or misappropriate the Site for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “Trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not: Generate or facilitate unsolicited commercial email (“spam”). Such activity includes, but is not limited to: sending messages in violation of the CAN-SPAM Act under U.S. law or any other applicable anti-spam law; imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam; data mining any Indeed property; sending messages to users who have asked not to be contacted; selling, exchanging or distributing to a third party the contact information of any person without such person’s knowledge of, and continued consent to, such disclosure; and using Indeed Resume contacts in violation of Indeed policy, as determined by Indeed, including, for example, as indicated by low response rates from those persons contacted. Send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content, or offer to do the same. Indeed may block the transmission of such content. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Harmful Code or items of a destructive or deceptive nature. Conduct or forward pyramid schemes or similar programs. Transmit content that may be harmful to minors. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email. Transmit another’s intellectual property or other proprietary or confidential information without such owner’s or licensor’s permission. Users who repeatedly post intellectual property owned by others will be banned from Indeed. Violate the legal rights (such as rights of privacy and publicity) of others. Promote or encourage illegal activity. Interfere with other Indeed users’ enjoyment of the Site. Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses. Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose, or transfer, any Indeed account. Modify, adapt, translate, or reverse engineer any portion of the Site. Remove any copyright, trademark or other proprietary rights notices contained in or on the Site. Reformat or frame any portion of the web pages that are part of the Site without Indeed’s explicit written permission. Contact other Indeed users about multi-level marketing (MLM) programs, jobs that require payment to start, or any topics Indeed considers detrimental to its users. Create multiple Indeed accounts without permission. Create multiple Indeed accounts not under your corporate or company name, in order to attempt to achieve higher visibility in the free-to-post system. Bypass any limitations or suspensions of functionality. Provide false information. Scrape the Indeed Resume database Scrape or otherwise replicate any Indeed content for competitive purposes Indeed reserves the right to use any User Content (including the content of messages or material sent through or to the Site or Indeed) to prevent potentially illegal or tortious activities, or any other activities that are detrimental to other users. Indeed reserves the right to use a variety of methods to detect and block the above anomalous activity and to screen User Content to prevent abuse such as spam or fraud. However, such detection methods are not perfect and false positives may occur. If you use the Site, you consent to Indeed enforcing these rules or attempting to prevent spam or anomalous activity, which may result in a temporary or permanent suspension or termination of your account or use of certain functions of the Site, including but not limited to the email relay function, for some users, with or without notice, and Indeed shall not be responsible or liable for any such suspension or termination, including any consequences thereof. Indeed reserves the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. 7. Registration; Contact Information Some areas of the Site, including areas that may permit you to set up an Indeed account, require you to register or provide an email address. If you so register, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) be responsible for the confidentiality and use of your username and password, and not transfer or resell your use of or access to the Site to any third party. Please note that any individuals with whom you have shared your username and password and who are able to answer verification questions about your Indeed account may receive access to information regarding your Indeed account. If you are an Employer, your account is for business use and not for personal use. Indeed is not responsible and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an Indeed account, you agree to receive mandatory email updates regarding anomalous activity to your Indeed account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Indeed that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Indeed from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Indeed assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. We reserve the right at all times (but will not have an obligation) to terminate users or to reclaim usernames or URLs. You agree that Indeed may, as part of its services to you, communicate with you, or initiate communication with you on behalf of a third party, through your Indeed account or through other means such as email, telephone (including mobile phone), or postal mail, including through the use of contact information that you may provide to Indeed or that Indeed may otherwise obtain from third-party sources. By providing Indeed with a mobile phone number, you expressly consent to receiving communication via such mobile number. When you give Indeed a mobile number and consent to receiving communication, such communications are inherent to the services you have signed up for, and you may not revoke such consent without discontinuing use of Indeed’s services. 8. Disclaimer of Warranties Indeed disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the Indeed search results (including Jobs Listings) or otherwise made available on the Site by Indeed or third parties (including User Content), regardless of whether paid for or used for free. Indeed disclaims any responsibility or liability for the accuracy, content, completeness or reliability of information provided by Indeed for informational purposes only, including but not limited to, Indeed Analytics data like estimated applies or organic traffic, and salary information. You acknowledge you are not paying Indeed for the aforementioned information. Indeed disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information, emails or material (including User Content). Indeed further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall Indeed be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall Indeed be liable to you or any third party on account of your use or misuse of or reliance on any third party site or service you link to from Indeed’s Site. Indeed further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery, account login, or any other Services provided by Indeed as a result of technical problems or traffic congestion on the Internet or any third party website or combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will Indeed be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third party applications, websites, software or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline. THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, CAREER GUIDE, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY INDEED. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA. 9. Limitation of Liability UNDER NO CIRCUMSTANCES SHALL INDEED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF INDEED OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID INDEED TO USE THE SITE. Without limiting the foregoing, under no circumstances shall Indeed or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. 10. Claims of Infringement U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Indeed infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Indeed a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to Indeed Copyright Notice, 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA (copyright @ indeed.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA. Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site contact form. 11. Governing Law and Dispute Resolution If you are a Job Seeker: this Agreement and any dispute arising out of or in connection with this Agreement (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of the State of Texas, United States of America, if you are located in the United States, or the laws of Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in Travis County, Texas, U.S.A., if you are located in the United States, or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A, if you are located in the United States of America, or Dublin, Ireland, if you are located elsewhere. You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States. If you are an Employer: this Agreement and any Dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of England and Wales if you are supported primarily by Indeed’s UK office; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Indeed’s UK office; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; London, England, if you are supported primarily by Indeed’s UK office; or Dublin, Ireland, if you are located elsewhere. If you are neither a Job Seeker or Employer as defined in this Agreement and are not using the Site as intended by Indeed, this Agreement will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Travis County, Texas, U.S.A. 12. Class Action Waiver By using the Site and in return for the services offered by Indeed, you acknowledge that Indeed can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you (either an Employer or Job Seeker) agree not to sue Indeed as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Indeed regarding your use of the Site. Additionally, as a Job Seeker, your use of the Site is at no charge and you acknowledge that part of the price you are paying to use this Site is your acceptance of these terms of service including this Class Action Waiver. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to section 11 above. 13. Filtering We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise (http://www.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Please note that Company does not endorse any of the products or services listed on such sites. 14. Information or Complaints If you have a question or complaint regarding the Site, please use our Indeed Help Center. When you use the Indeed Help Center, you are accessing a third party site Zendesk and consent to receiving cookies from Zendesk, as set forth in their cookie policy. Please note that communications within Zendesk will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your e-mail correspondence with us. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. 15. Miscellaneous This Agreement (including the Indeed Ads Program Terms, Indeed Resume Program Terms, Indeed Prime Terms and Indeed Targeted Ads Terms incorporated herein, if applicable to you) constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. In the event of any irreconcilable conflict between this Agreement and the Indeed Ads Program Terms, Indeed Resume Program Terms, Indeed Prime Terms and Indeed Targeted Ads Terms (if applicable to you), the Indeed Ads Program Terms, Indeed Resume Program Terms, Indeed Prime Terms and Indeed Targeted Ads Terms will govern with respect to the Indeed Ads Program, Indeed Resume Program, Indeed Prime and Indeed Targeted Ads, respectively, and the Agreement will otherwise govern. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Indeed. This Agreement, together with any amendments and any additional agreements you may enter into with Indeed in connection with the Site, shall constitute the entire agreement between you and Indeed concerning the Site. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. You agree that this Agreement cannot be altered, amended, modified or overridden, except by a document signed by an authorized representative of each party. For the avoidance of doubt, email or phone communication between you and an Indeed employee shall not constitute an amendment or alteration of this Agreement. By accessing or using the Site, you signify your assent to this Agreement and agree to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations, copyright laws and other laws regarding intellectual property. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the U.S. government lists of restricted end users. The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of Indeed’s proprietary rights in them. You understand and acknowledge that Indeed or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. Indeed reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein. Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same Indeed party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Indeed party identified in the first paragraph of this Agreement with respect to such new territory. Any notices to Indeed must be sent to the applicable Indeed entity identified in the first paragraph of this Agreement via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Indeed Ads Program, Indeed Resume Program, or Indeed Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Indeed Ads interface). You may not assign or delegate any of your rights or obligations hereunder without Indeed’s prior written consent and any such attempt is void. Indeed may freely assign or delegate its rights and obligations hereunder without notice to you. Additionally, Indeed may assign any agreement between you and Indeed to any related Indeed entity by informing you of such assignment. Indeed and you are not legal partners or agents, but are independent contractors. 16. Apple-Specific Terms In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Indeed in accordance with the “Information or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Indeed’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party. 17. The Indeed Apps By using any of the Indeed Apps, including but not limited to the Indeed Job Search, Indeed Resume Search, Indeed Employer, Indeed Job Spotter or others, you agree that all of the terms and conditions found herein apply to your use of the Indeed App. Additionally, you agree that the Indeed App may send you push notifications, if you turn on receipt of notifications and/or sign up to receive notifications. By downloading and using the Indeed App, you are asking Indeed to make formatting changes to any Job Listings as they appear on your phone, in order to enable you to utilize your Indeed Resume. You further acknowledge that your use of the Indeed Apps may require use of your data plan from your cellular provider. You are responsible for payment of all data usage accrued based on your use of the Indeed App, and Indeed disclaims all responsibility for such data usage. In addition, if you allow Indeed Apps to utilize location services, the Indeed Apps may suggest to you and collect from you certain information based on your geographic location. 18. Use of Site by Minors The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use Indeed under the supervision of a parent or legal guardian, or responsible adult. B. Indeed Resume/CV Program Terms These Indeed Resume Program Terms or Indeed CV Program Terms (collectively, “IRP Terms”) form a part of, and are incorporated into, the Indeed Terms of Service (the “Agreement”), and apply to any Employer that accesses or uses the Indeed Resume Program, or that otherwise indicates its acceptance of these Indeed Resume Program Terms. Any capitalized terms that are used but not defined in these IRP Terms have the meaning set forth in the Agreement. 1. The Program Use of the Indeed Resume Program (“Program”) by an individual who posts his or her resume on the Site (hereinafter, “Resume Owner”) or Employer on or through the Site is subject to all applicable Indeed best-practice guidelines, policies and other terms and conditions made available to you, including through the Site, which may be modified at any time. You shall not use any information obtained from the Site except for internal use in selecting and contacting Resume Owners, through Indeed, for purposes of filling your Job Listings. You are expressly forbidden from using any product or system intended to extract the information from a Resume, in order to circumvent the Resume contact system. Use of such system will result in your immediate termination from the Program. In addition, as a feature of the IRP, Indeed may send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. IMPORTANT NOTICE : YOU EXPRESSLY AGREE THAT: in purchasing or obtaining access to the Program, you are paying Indeed the amount indicated on the Site for the purpose of Indeed facilitating your contact with a Resume Owner by sending a message to the email address that the relevant Resume Owner has provided to Indeed. Indeed does not guarantee that the email address is still in use, that such message will be received, that such message will be read, that such message will be acted upon by any potential Resume Owner, or that any Resume Owner’s resume is valid, accurate or complete in any respect. In addition, in accord with the Agreement, you expressly agree that Indeed does not allow its Resume Contact service to be used in a spam like manner, which Indeed defines as sending requests for job positions to persons who are, as indicated by Indeed experience and Resume Owner behavior and reaction, unsuited for the role. Indeed reserves the right to disable Indeed Resume contact service for any user who, in Indeed’s sole discretion, violates these IRP Terms, including the foregoing term. We reserve the right to drop any message with an .ade, .adp, .bat, .chm, .cmd, .com, .cpl, .exe, .hta, .ins, .isp, .jar, .jse, .lib, .lnk, .mde, .msc, .msp, .mst, .pif, .scr, .sct, .shb, .sys, .vb, .vbe, .vbs, .vxd, .wsc, .wsf, .wsh, or .zip attachment for any or no reason. The only acceptable use of the IRP is for you to contact a Resume Owner through Indeed regarding a Job Listing or potential employment. No other uses of the IRP are permitted. Scraping the Indeed Resume database or using the Indeed Resume database for any other purpose except as allowed will result in legal action being taken against you. In the event phone numbers are provided by the Job Seeker in the resume, Indeed does not guarantee their validity and can not confirm whether such numbers are landlines or cell phones. You agree to call Job Seekers regarding relevant job opportunities only. It is your sole responsibility to comply with all TCPA guidelines, including laws against automated telephone dialing systems. 2. Cancellation Once you have requested that Indeed contact a Resume Owner, you may not revoke such request. 3. Your Information You represent and warrant that all information you provide to Indeed is correct and current. You represent to Indeed that you are an Employer interested in considering the Resume Owner as a potential employee. 4. Disclaimer and Limitation of Liability INDEED’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT ANY EMAIL ADDRESS THAT HAS BEEN PROVIDED TO INDEED IS VALID, THAT ANY EMAIL SENT BY INDEED AT YOUR REQUEST WILL REACH THE INTENDED RECIPIENT, THAT ANY INTENDED RECIPIENT OF ANY SUCH EMAIL WILL READ SUCH EMAIL, OR THAT ANY SUCH INTENDED RECIPIENT WILL ACT UPON SUCH EMAIL. INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IRP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IRP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE INDEED RESUME SERVICE GIVING RISE TO THE CLAIM. 5. Payment You shall be charged if, and as, indicated by the Site. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Indeed incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Indeed products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Refunds (if any) are at the absolute discretion of Indeed and only in the form of credit for Indeed services. You acknowledge and agree that any credit card and related billing and payment information that you provide to Indeed may be shared by Indeed with companies who work on Indeed’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Indeed and servicing your account. Indeed may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Indeed shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Indeed shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. 6. Indemnification You shall indemnify, defend and hold harmless Indeed, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any contact you have with the recipient (or intended recipient), any email you request to be sent pursuant to these IRP Terms, or any phone call or text message you make to a recipient. C. Indeed Ads Program Terms These Indeed Ads Program Terms (“IAP Terms”) form a part of, and are incorporated into, the Indeed Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Indeed Ads Program, or who otherwise indicates its acceptance of these Indeed Ads Program Terms. Any capitalized terms that are used but not defined in these IAP Terms have the meaning set forth in the Agreement. 1. The Program Use of the Indeed Ads Program (“Program”) on or through the Site is subject to all applicable Indeed terms and policies, including without limitation the Indeed Privacy Policy (http://www.indeed.com/legal#privacy) and those instructions provided on the Website, if you are using the Ads Program, through our on-line forms. Indeed policies may be modified at any time. With regards to any job advertisements posted on Indeed, either for payment or posted for free and including jobs provided to Indeed via an XML feed (“Job Listings” or “Job Ads”), you agree that you are solely responsible for all: (a) ad or job content (including Job Listings and screener questions) and target URLs (“Creative”), whether generated by or for you, including but not limited to photograph(s) you provide to Indeed; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Job Ads may be placed on (y) any content or property provided by Indeed (“Indeed Property”), and (z) any other content or property provided by a third party (“Partner”) upon which Indeed places Job Ads or provides search results of Job Listings (“Partner Property”). Distribution within Indeed’s Partner Properties does not guarantee performance or placement of Job Ads, and distribution may vary depending on demand, industry, sponsorship, and other considerations. You shall direct only to Indeed any communications regarding Job Ads on Partner Properties. By posting a Job Ad, including by XML feed, on Indeed: (i) you authorize Indeed to reformat and host the Job Ad to be effectively displayed on a mobile device and (ii) you authorize Indeed to reformat and host the Job Ad on an Indeed hosted page so it can be displayed more effectively on Indeed or its publisher network. All dashboards will reflect the total click count, including the clicks on the Indeed reformatted and hosted page. In the event you provide Indeed with an End Date beyond which your Job Ad shall not run, thirty days before such End Date Indeed may add a label (such as “Urgent”, “Urgently Hiring” or similar) next to the word “Sponsored” on the search results page where your Job Ad is displayed. Indeed may use words or phrases interchangeably (for example, “Ad”, “Urgently Hiring”, “Sponsored”, “Urgent” or similar) to constitute an advertisement on Indeed. Job Ads posted directly on Indeed may no longer appear on the Site after a certain period of time; in some cases, these Job Ads may need to be sponsored in order to remain visible or become visible again. However, Job Ads indexed by Indeed will expire after a certain period of time and Indeed is unable to restore their visibility. Indeed may offer certain Employers who sponsor Job Ads the opportunity to be displayed more prominently on the Site (“Featured Employer”). Featured Employer is awarded at Indeed’s sole discretion. The ability to receive Featured Employer, generally, is a function of both the number of open jobs at your company and how much you spend. The Featured Employer program may be changed or removed by Indeed at any time, at Indeed’s sole discretion. When you post a Job Ad directly on Indeed, Indeed may automatically generate for you a Company Page. You authorize Indeed to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company who owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Indeed may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Indeed as well as those indexed by Indeed. 2. Cancellation Unless otherwise stated in an Insertion Order or other agreement to advertise with Indeed, you may independently cancel online any advertisement at any time (such cancellation is generally effective within 24 hours). Indeed may immediately cancel the Program or these IAP Terms at any time upon notice. Indeed may modify the Program or these IAP Terms at any time without liability and your use of the Program after notice that these IAP Terms have changed indicates acceptance of the updated IAP Terms. Sections 1, 3, 4, 5 and 6 will survive any expiration or termination of these IAP Terms. 3. Prohibited Uses You shall not, and shall not authorize any party to: (a) generate automated, fraudulent or otherwise invalid impressions or clicks; or (b) advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Indeed and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Jobs Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these IAP Terms or your account without notice, and may subject you to legal penalties and consequences. Indeed or Partners may reject or remove any Job Ad, and Indeed may disable any Employer’s account, for any or no reason without notice. For examples of why Indeed may reject such Job Ads from Employers, refer to the Job Posting Guidelines. Indeed may require certain Job Ads to be sponsored in order to verify the legitimacy of the Job Ad and/or the Employer, and to prevent abuse of the free to post system. This may include limiting the number of Job Ads you are allowed to post at a given time without sponsoring, in Indeed’s sole discretion. This requirement may be made in Indeed’s sole discretion. For example, we may require you to sponsor the following types of Job Ads: identical jobs posted in multiple locations, jobs posted with a confidential or generic company name, jobs that are commission only, and any other jobs as determined by Indeed. Additionally, Indeed may choose not to accept an employer’s XML feed or any Job Ads in an XML feed for any or no reason. If you are a job board, Indeed reserves the right to include or reject any or all of your Job Ads. For examples of why Indeed may stop accepting such Job Ads from job boards, refer to the Job Board Inclusion Guidelines. As a job board, you may only post Job Ads on the Site for your own company; you may not post Job Ads on the Site for your clients and if you do or attempt to do so, Indeed reserves the right to disable your account. You acknowledge that inclusion of jobs in violation of these guidelines on the Indeed Site may harm Indeed and its users. When you create an Indeed account, Indeed may require that you verify your identity through a third party service called NetVerify. By using NetVerify, you are submitting your identification documents for verification directly to NetVerify, you are agreeing to share your identification with NetVerify, and you agree that NetVerify is solely responsible for any use or loss of data. Indeed may have access to your identification documents via NetVerify. 4. Disclaimer and Limitation of Liability INDEED’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Indeed and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per click, (ii) click through rates, (iii) delivery of any impressions on any Partner Property or Indeed Property or sections of such properties, (iv) clicks, (v) conversions for any Creative, or (vi) interest in your Job Listing. CLICKS ARE ANONYMOUS AND INDEED HAS NO RESPONSIBILITY FOR CONFIRMING A USER’S IDENTITY. A CLICK ON YOUR JOB LISTING DOES NOT GUARANTEE INTEREST IN SUCH JOB LISTING. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM. 5. Payment You shall be charged based on click count, regardless of whether you set a total budget. If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is in the Asia-Pacific Region*, you may only pay all charges in Singapore Dollars, Australian Dollars, Japanese Yen, and US Dollars. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, or Japanese Yen. Charges are exclusive of all taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Indeed incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Indeed products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Indeed’s click measurements. Indeed’s determination of click count shall be binding. Refunds (if any) are at the absolute discretion of Indeed and only in the form of advertising credit for Indeed Property. If you are removed from Indeed, but have previously spent on Indeed, you are not entitled to a refund of previously spent amounts. You acknowledge and agree that any credit card and related billing and payment information that you provide to Indeed may be shared by Indeed with companies who work on Indeed’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Indeed and servicing your account. Indeed may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Indeed shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Indeed shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Indeed product, Indeed reserves the right to suspend or terminate your use of that Indeed product as well as any other Indeed product, including but not limited to those Indeed product where you do not have an unpaid invoice or account balance. 6. Indemnification You shall indemnify, defend and hold harmless Indeed, its agents, affiliates, licensors, and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your Program use, Creative, site or Your Services, or breach of these IAP Terms. D. Indeed Publisher Program Terms Last Updated: July 6, 2017 These Indeed Publisher Program Terms (“IPP Terms”) apply to any Publisher that accesses or uses the Indeed Publisher Program, or that otherwise indicates its acceptance of these IPP Terms. These IPP Terms are between You and Indeed, Inc., 6433 Champion Grandview Way, Building 1, Austin, TX, 78750, USA, and set out the terms and conditions applicable to your participation in the Indeed Publisher Program (the “Program”) and, along with Indeed Terms of Service, use of or access to Indeed’s online and/or mobile services and websites, and software provided by or on behalf of Indeed on or in connection with such services or websites (collectively, the “Site”). Any references to “Indeed” shall mean Indeed, Inc. The Program, as generally offered by Indeed, is described on https://www.indeed.com/publisher or such other URL as Indeed may provide from time to time. “You” or “Publisher” means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by these IPP Terms. These IPP Terms hereby incorporate by this reference any additional terms and conditions posted by Indeed through the Site, or otherwise made available to you by Indeed, including the Indeed Terms of Service. Indeed shall have absolute discretion as to whether or not it accepts a particular applicant or site for participation in the Program or any part thereof. Publishers are ineligible to participate if their web properties do not conform with the terms of the Indeed Affiliate Acceptable Use Policy, located online at AAUP (the “AAUP”). In order to participate as a publisher in the Program, all participants must be at least eighteen years of age. Applicants represent and warrant that all information submitted to Indeed shall be true, accurate and complete. 1. Publisher Obligations Any job search results, JobrollTM, Job Search Box, pay-per-click advertisements, links, insertion code, and any Indeed logos or other elements supplied by Indeed for use on Affiliates’ websites or websites co-branded by Indeed and Affiliate (collectively, “Program Elements”) may only appear on URLs that Indeed has reviewed and accepted for participation (“Accepted URLs”). However, please note that as of March 3, 2017, Job Search Box, links and insertion code will only be available to Publishers already a part of the IPP, and as of March 31, 2017, Job Search Box, links and insertion code will no longer be available through IPP. Publisher shall advise Indeed of any changes in the type of content accessible at any such accepted URL. Publisher agrees to comply with the specifications provided by Indeed from time to time to enable proper delivery, display, tracking and reporting of Program Elements. Publisher shall label each displayed Program Element with the phrase “Jobs by Indeed” at least 116 X 23 pixels in size, wherein the word “Jobs” shall be hyperlinked to http://www.indeed.com or other Indeed website as agreed with Indeed and the word “Indeed” shall be the Indeed Logo Image and shall also be hyperlinked to http://www.indeed.com or other Indeed website as agreed by Indeed. The Indeed Logo Image can be found at: http://www.indeed.com/p/jobsearch.gif. Publisher agrees to abide by all terms of the AAUP. Indeed reserves the right in its sole discretion to suspend Publisher’s participation in the Program if it suspects any violations of the AAUP. Publisher hereby agrees to defend, indemnify and hold Indeed harmless from and against any claims, demands, liabilities, expenses, losses, damages and attorney fees arising from or relating to a violation or purported violation by Publisher of the AAUP. The foregoing shall be in addition to, and not in lieu of, any other remedies that Indeed may have as a result of a violation of the AAUP by Publisher. In addition, under no circumstances may Publisher impersonate or act as Indeed on any site (which shall include bidding on Indeed’s names or trademarks in any search engine marketing advertising platform), including, but not limited to, on third party sites. Publisher hereby grants Indeed permission to refer to Publisher and its websites in Indeed’s marketing materials, wherever such marketing materials shall appear. 2. Payments to Publisher Publisher shall receive a commission payment with respect to valid clicks received (as determined solely by Indeed) in relation to Program Elements displayed on Accepted URLs. YOU ACKNOWLEDGE AND AGREE THAT, IN EACH CASE, THE AMOUNT OF SUCH COMMISSION PAYMENT WILL BE DETERMINED SOLELY BY INDEED, IN ITS SOLE DISCRETION. You also acknowledge and agree that any billing and payment information that you provide to Indeed may be shared by Indeed with companies who work on Indeed’s behalf, such as payment processors, solely for the purposes of effecting payment to You and servicing your account. Publisher shall not be compensated for any transactions generated by Publisher or any party acting on Publisher’s behalf. In addition, Indeed shall not be obligated to pay for any artificial and/or fraudulent impressions or clicks as determined by Indeed or if Publisher is in breach of these IPP Terms. In addition and not in limitation to the above, Publisher shall refund the share of that revenue paid to Publisher, if caused by artificial or fraudulent impressions. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. No dashboard or any other view of any click count shall be considered as contractually binding on Indeed. 3. Qualifying Links As of March 3, 2017, the below portion of the IPP will no longer be available to any new Publisher. As of March 31, 2017, the below portion of the IPP will no longer be available to any Publisher, including existing Publishers who are part of the IPP. [Publisher may earn a commission, as determined by Indeed in its sole discretion, if Publisher refers a Qualified User (as defined below) to the Indeed Website via a Qualifying Link (as defined below) and if such Qualified User has accessed the Indeed Website and purchased a qualifying product or service (“Qualifying Purchase”) during a Session (as defined below). Not all services or products will be eligible as a Qualifying Purchase under the Program, and Qualifying Purchases are determined in Indeed’s sole discretion. Indeed is under no obligation to pay any particular amount for any referral and it is in Indeed’s absolute discretion to determine for how long a period of time it shall pay this commission after the date the Qualified User initially arrives at Indeed via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact’). No payments under this program shall be any indication of future payments under this program. A “Qualifying Link” is a link directing a Qualified User from Publisher’s website or online property (“Publisher Property”) to Indeed using a Program Element provided by Indeed for use with the Program. A “Session” is the period of time beginning when a Qualified User initially arrives at Indeed via a Qualifying Link from the Publisher’s Publisher Property (“Initial Contact”), and ending at Indeed’s absolute discretion. For avoidance of doubt, Publisher acknowledges that a Session will not commence unless cookies are enabled on the Customer’s device or computer in a manner that enables Indeed to fully attribute actions of Qualified User to Publisher’s Qualifying Link. A “Qualified User” is a user who has not previously registered with Indeed, has not been previously “cookied” by Indeed and has not previously visited the Indeed Site, all as determined by Indeed in its sole and absolute discretion. The parties acknowledge and agree that Indeed shall have the sole right and responsibility for processing all orders made by Qualified Users. Publisher acknowledges that all agreements relating to sales to Qualified Users shall be between Indeed and the Qualified User.] As of March 31, 2017, the following will be the only available method for participation in the IPP: [Publisher may earn a commission, as determined by Indeed in its sole discretion, if a user clicks on a Qualifying Link. A “Qualifying Link” is a link directing a user from the Publisher’s website or online property (“Publisher Property”) to a job using a Program Element provided by Indeed for use with the Program, such as pay-per-click advertising, Jobroll™, or job search results.] Publisher shall not be entitled to commissions and shall reverse any commissions already paid if Publisher is in breach of these IPP Terms or has engaged in any fraudulent activity, including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups.The determination as to whether a sale is made via a Qualifying Link, and whether a commission is payable, will be made by Indeed in its sole and absolute discretion and is final and binding on Publisher. Prices for the Qualifying Purchases will be set solely by Indeed in its sole and absolute discretion. 4. Terms of Payment Indeed shall pay Publisher within 30 days of the end of each calendar quarter; provided the amount owing to Publisher is at least one hundred US dollars ($100). If the amount owing to Publisher is less than $100, the balance will carry over to subsequent calendar quarters until such time that the quarter-end balance is at least one hundred US dollars ($100). Publisher is solely responsible for providing and maintaining accurate contact and payment information associated with Publisher Account. Indeed may withhold any and all payment if Publisher is in breach of these IPP Terms and Indeed shall have no further liability to Publisher. 5. Termination Either party may terminate these IPP Terms and participation in the Program at any time by sending a notice by email to support-at-indeed dot com or other email address specified by Indeed in the case of Indeed, and to the email address specified in Publisher’s profile in the Program in the case of Publisher. Upon termination of a publisher from the Program, for any reason and by either party, Publisher shall immediately remove all insertion codes and other Program Elements from all pages of its websites. 6. Confidentiality Publisher shall not disclose Indeed Confidential Information without Indeed’s prior written consent. “Indeed Confidential Information” includes without limitation: (a) all Indeed software, technology, programming, specifications, materials, guidelines and documentation relating to the Program; (b) click-through rates or other performance statistics relating to the Program provided to Publisher by Indeed; and (c) any other information designated in writing by Indeed as “Confidential” or an equivalent designation. 7. Disclaimer and Limitation of Liability INDEED’S PROVISION OF THE PROGRAM AND PROGRAM ELEMENTS (THE “SERVICE”) AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. INDEED AND ITS AFFILIATES, AND ITS AND THEIR LICENSORS, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER INDEED NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, MAKE ANY WARRANTY THAT (i) THE SERVICE OR SITE WILL MEET PUBLISHER’S REQUIREMENTS; (ii) THE SERVICE OR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR SITE WILL BE ACCURATE OR RELIABLE; OR (iv) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED. NEITHER INDEED NOR ITS AFFILIATES, OR ITS OR THEIR LICENSORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCURRED BY PUBLISHER FROM PARTICIPATION IN THE PROGRAM, WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. IN NO EVENT SHALL INDEED’S AGGREGATE LIABILITY EXCEED THE AMOUNT OF FEES THEN DUE TO PUBLISHER AS DETERMINED PURSUANT TO THESE IPP TERMS. 8. Miscellaneous These IPP Terms (including the Indeed Terms of Service incorporated herein) constitute the entire agreement between the parties with respect to the Indeed Publisher Program and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these IPP Terms will be effective only if in writing and signed by Indeed. These IPP Terms, together with any amendments thereto and any additional agreements you may enter into with Indeed in connection with the Site, shall constitute the entire agreement between you and Indeed concerning the Site. In the event of any irreconcilable conflict between these IPP Terms and the Indeed Terms of Service, these IPP Terms will govern with respect to the Indeed Publisher Program, and the Indeed Terms of Service will otherwise govern. If any provision of these IPP Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these IPP Terms, which shall remain in full force and effect. These IPP Terms may not be amended, except in writing, in a separate document specifically referencing these terms, and signed by representatives of both parties. Email exchanges shall not amend these IPP Terms. Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by these IPP Terms with the same Indeed party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by these IPP Terms with the applicable Indeed party identified in the first paragraph of these IPP Terms with respect to such new territory. Any notices to Indeed must be sent to Indeed, Inc. via certified first class or air mail or overnight courier, are deemed given upon receipt, and must reference the Program that is the subject of the notice (i.e., Indeed Resume Program, Indeed Ads Program, or Indeed Publisher Program). Notice to you may be effected by sending email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages in your Indeed Ads interface). You may not assign or delegate any of your rights or obligations hereunder without Indeed’s prior written consent and any such attempt is void. Indeed may freely assign or delegate its rights and obligations hereunder without notice to you. Indeed and you are not legal partners or agents, but are independent contractors. These IPP Terms and any dispute arising out of or in connection with these IPP Terms (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of these IPP Terms, by and under the laws of the State of Texas, United States of America, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in Travis County, Texas, U.S.A. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Travis County, Texas, U.S.A. E. Indeed Prime Terms Last Updated: July 10, 2017 These Indeed Prime Terms (“IP Terms”) form a part of, and are incorporated into, the Indeed Terms of Service (the “Agreement”). By using Indeed Prime in any way, or by registering as a Candidate or an Employer on Indeed Prime, you agree to these Indeed Prime Terms and the Indeed Terms of Service. Any capitalized terms that are used but not defined in these IP Terms have the meaning set forth in the Agreement. The term “You” refers to the Candidate, the Employer or the Referrer, as per the context of the sentence. 1. Introduction Indeed Prime is an online tool that allows Indeed Prime Employers (“Employers”) to connect with Candidate Job Seekers (“Candidates”). The term “Candidate” will refer to users of Indeed Prime who are seeking employment opportunities through Indeed Prime. The term “Employer” will refer to a company that is interested in hiring the Candidates through the Indeed Prime online tool. Users who wish to participate in Indeed Prime apply to Indeed to enter an Indeed Prime Talent List of Candidates (“List”). Not all users who apply to Indeed Prime will be accepted into the program as a Candidate. If Indeed chooses a Candidate to participate in Indeed Prime, they are placed into the List and they will remain in the List for such a time as determined by Indeed, as per Indeed rules, as set forth below. Employers who are using the Indeed Prime tool are shown those relevant Candidates in the List. Employers may choose to interview Candidates from the List and conduct a hiring process with such Candidate if they wish. There is a charge for use of this tool to the Employers, as set forth below. There is no charge to Candidates who are chosen from the List. 2. Applying to Indeed Prime Candidate: In order to use Indeed Prime as a Candidate you must create an Indeed account or login using your preexisting Indeed account, create a profile and apply. When applying to Indeed Prime, we may require you to provide us with certain information including, but not limited to, your name, email address, phone number, skill set, salary requirements and geographic location. At this stage, you will have the opportunity to block your profile from certain Employers. We will use the information that you provide us during the application process to determine whether you will be accepted into Indeed Prime. We may use a third party vendor to help us review your application. We reserve the right, in our sole discretion, to accept or reject your application to use Indeed Prime. If you are accepted into Indeed Prime, we will notify you via email. Once you have been accepted, a member of the Indeed Prime Talent Team (“Talent Consultant”) may reach out to via the email address or phone number you provided, and work with you to finalize your Candidate profile. The Talent Consultant may continue to work with you throughout your time on Indeed Prime. Employer: In order to use Indeed Prime as an Employer you must also apply. Applying to be an Employer is free. When applying we may ask you for additional information related to your company, including but not limited to, your name, email address, company URL, phone number and geographic location. We will review the information that you provided to us during the application process to determine whether you will be accepted into Indeed Prime. We reserve the right, in our sole discretion, to accept or reject your application to Indeed Prime. If your application is accepted, you will be notified via email and allowed to use the Indeed Prime online tool so as to engage with, and reach out to Candidates that are available in the Indeed Prime List. 3. Talent List Candidates: After a Candidate has applied and been accepted to Indeed Prime, he or she will be placed into the List to be viewed by Employers using the Indeed Prime tool. Employers will then have the opportunity to engage with Candidates in the List. Candidates may receive emails from Employers informing them of their interest in the Candidate, and providing them details about the job solicitation. Indeed has no input into the Employer’s selection process. A Candidate may, but is not required to, respond to any Employer that has contacted him or her. All requests for interviews by Employers through Indeed Prime do not guarantee a final job or job offer, or a job offer at any particular salary. A new Candidate may be highlighted as “new” in the Talent List. At the conclusion of a certain number of weeks Indeed may remove any candidate on the List, at any time, for any reason, at its sole discretion and, in such case, the Candidate may reapply through its Talent Consultant for consideration to be reentered into the List. The reapplication process is at Indeed’s sole discretion, and not all re-applications will be granted. Employers: After an Employer’s application has been accepted by Indeed Prime, the Employer will be able to utilize the Indeed Prime tool in order to browse the Candidates in the List, communicate with these Candidates, and submit interview requests to Candidates. Once an Employer has discovered a Candidate on Indeed Prime, the Employer may make the contact with the Candidate through the Indeed Prime tool. No contractual obligations are created for either the Candidate or the Employer through the use of Indeed Prime. The Candidate is not obligated to accept any offer provided to a Candidate from an Employer that contacts them through Indeed Prime. Additionally, offers or interview requests submitted by an Employer to a Candidate through Indeed Prime are not binding on the Employer. Employer agrees that Indeed is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers. If an Employer is on the Pay-Per-Hire pricing model, the Employer agrees not to attempt to circumvent Indeed Prime by independently attempting to make the first contact with Candidate through alternative means after discovering the Candidate on Indeed Prime. Further, if the Employer can establish that it was in Negotiation with regards to hiring with the Candidate prior to utilizing the Prime tool, the Employer may be exempted from paying the Fee at the sole discretion of Indeed. “Negotiation” shall mean at least one direct email sent out by both parties, Candidate and Employer, specifically to the other and not sent as part of a mass emailing, for the purpose of recruiting or hiring, within the three (3) months prior to the Employer using the Prime tool, and where no final decision to hire or reject a Candidate or to accept or reject the Employer has been made. In the event an Employer is on the Pay-Per-Hire pricing model and circumvents the Indeed Prime process after discovering a candidate on Indeed Prime, or does not report a hire made through Indeed Prime, and thereafter hires that candidate within six (6) months of the date on which the Employer first viewed the candidate on Indeed Prime, Indeed Prime shall be entitled to 25% of a Candidate’s annual or term salary (if the term of hire is for less than one year) and all costs of collection of such amount, including any legal fees. Indeed’s Role: Indeed does not act as an employment agent by providing the Indeed Prime product. Indeed merely provides a tool enabling Candidates and Employers to connect with each other. Candidates and Employers are solely responsible for the information provided in any resume or profile, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of Indeed Prime. You understand that Indeed Prime does not inquire into the backgrounds of its Candidates or Employers or attempt to verify the statements of its Candidates or Employers, and that you are responsible for (1) conducting any background checks, reference checks, or other due diligence that you may require before making an offer of employment to a Candidate or accepting an offer of employment from an Employer, and (2) complying with all laws and regulations relating to the intended employment of any Candidate. If you are a Candidate, you agree that any rights you have under any applicable employment, equality or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries may only be asserted against the Employer. Indeed is not a third party to or liable for any agreements between an Employer and Candidate, regardless of whether or not Indeed receives a fee from the Employer in connection with the transaction. Indeed will not be liable for any costs or damages arising out of or related to such transaction. 4. Fees and Refunds Candidates: Indeed Prime is free for Candidates. Employers: Indeed Prime uses a subscription model (“Subscription Model”) with its Employers, as of January 1, 2017. The Subscription model offers two pricing plans (Essential and Enterprise), depending on the size of the Employer and the number of job positions open. The determination of which pricing plan an Employer falls into within the Subscription Model is made at Indeed’s sole discretion. Even if you start in one Subscription Model pricing plan, Indeed may determine in its sole discretion that you are only eligible for the other Subscription Model pricing plan. Subscription Model: Under the Subscription Model, Employers agree to pay upfront an initial subscription fee for a period of time specified in any Indeed insertion order or online pricing page (each subscription period to be referred to as a “Term”). Taxes will be charged as applicable. Unlimited hires may be made during any Term for the fee indicated on the Indeed insertion order or the price indicated on the Indeed Prime online pricing page. All plans under the Subscription Model shall automatically renew for additional Terms. If you wish to cancel your Subscription, you must do so no later than 15 days prior to the end of any Term. No refunds will be given for payment made during any Term. Under the Subscription Model, payment is due upon receipt of an insertion order or confirmation email, confirming your purchase, unless agreed upon otherwise with your Prime Client Executive or Client Consultant. Pay-Per-Hire Model: This model only applies to Employers who signed up for this payment model prior to January 1, 2017. However, even if you are currently under this payment model, Indeed reserves the right, in its sole discretion, to no longer offer this payment model. Under the Pay-Per-Hire Model, Employers agree to pay a fixed percentage of annual base salary or other salary periods agreed upon, for any hire made through Indeed Prime. Refunds will be made to an Employer, if they have chosen to pay a percentage of the annual salary and a hire made through Indeed Prime leaves their job within the first 90 days of employment and does not become an independent contractor of the Employer. In order to be eligible to receive a refund, an Employer must inform Indeed within 5 business days of the hire leaving the company and shall provide sufficient evidence of such employee exit. Indeed may request a non-refundable deposit, which will be applied towards the cost of first hire if made. If no hires are made, the deposit is not returned. Indeed may consider pre-paid volume discounts. Under the Pay-Per-Hire Model, payment is due upon receipt of an invoice from Indeed, Inc. or Indeed Ireland Operations Ltd., unless agreed upon otherwise with your Prime Client Executive or Client Consultant. The pay-per-hire model can be canceled at any time. Hires initiated before cancellation are subject to the invoicing and payment stated above. If you wish to use the Indeed Prime tool, you must have an agreement with Indeed, Inc. or Indeed Ireland Operations Ltd. to do so under one of the pricing models listed above, and have accepted Indeed’s online Terms of Service. Taxes will be charged as applicable. The Obligation to pay Fees shall survive termination or expiration of this Agreement. 5. Referrals a. Indeed will offer “Candidate Referral Rewards” in the form of a $200 (USD) gift card if in the U.S., a £150 (GBP) gift card if in the U.K., a $200 (CAD) gift card if in Canada, or a €200 (EUR) gift card if in Ireland, to individuals who refer a Candidate (the “Candidate Referrer”) and that Candidate is contacted by an Employer with Indeed Prime. The currency and amount paid in the gift card with respect to all Candidate Referral Rewards will depend on the tax residence of the Candidate Referrer. In addition, Indeed will offer “Candidate Referral Rewards” in the amount of $2,000 (USD) if in the U.S., £1500 (GBP) if in the U.K., $2,000 (CAD) if in Canada, or €2,000 (EUR) if in Ireland, to Candidate Referrers who refer a Candidate that has been selected by Indeed Prime, has been hired through Indeed Prime, and has worked at the Employer for at least ninety days. In addition, the following limitations apply: To qualify, the Candidate referred by the Candidate Referrer must have graduated from their last school or university at least one year prior to the referral. There is a limit of 5 rewards per calendar year to any one Candidate Referrer. You must be tax resident in the U.S., the U.K., Canada or Ireland. If you are tax resident in the U.S., in order to receive a Candidate Referral Reward, you must provide Indeed with a valid and completed W-9 document and ACH form. If you have not provided Indeed with a valid and completed W-9 and ACH form, you will receive no Candidate Referral Reward. If you are tax resident in the U.K., Canada or Ireland, in order to receive the Candidate Referral Reward, you must provide Indeed with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland and make a referral for the U.S., in order to receive the Candidate Referral Reward, you must provide Indeed with a valid and completed W-8 document and your valid banking details upon request. All payments to any Candidate Referrer, excluding Indeed employees, are gross amounts and the Candidate Referrer will be responsible for paying all applicable taxes on the reward. Indeed Employees only: The Candidate Referral Reward to be paid to any Indeed employee will be included in the employee’s paycheck in the period following the determination that the referred candidate meets the qualification for reward. The amount paid will be included in the employee W-2 form at the end of the year. The reward will be paid net of tax. Employees must contact their tax advisors to determine the proper treatment at the time of filing their personal income tax returns. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied. Indeed has the right to refuse any referred candidate participation in the Indeed Prime program for any reason. No reward will be paid for any referred candidate who is already a member of Indeed Prime when the referral was received. You represent to Prime that there is no contractual barrier to receiving a Candidate Referral Reward. b. Indeed will also offer “Employer Referral Rewards” in the form of a $500 (USD) gift card if in the U.S., a £500 (GBP) gift card if in the U.K., a €500 (EUR) gift card if in Ireland, or a $500 (CAD) gift card if in Canada, to individuals who refer recruiters or hiring managers at other companies (the “Employer Referrer”) who subsequently join Indeed Prime and those recruiters or hiring managers contact at least one Candidate with the Indeed Prime tool (“Referred Employer”). The currency and amount paid in the gift card with respect to all Employer Referral Rewards will depend on the tax residence of the Employer Referrer. In addition, the following limitations apply: Indeed has the right to refuse any Referred Employer participation in the Indeed Prime program for any reason. No award will be paid for any Referred Employer who is already a member of Indeed Prime or was a member of Indeed Prime in the 12 months previous to when the referral was received. There is a limit of 5 rewards per calendar year to any one Employer Referrer. You must be a tax resident of the U.S., U.K., Canada or Ireland. If you are tax resident in the U.S., in order to receive the Employer Referral Reward, you must provide Indeed with a valid and completed W-9 document and ACH form. If you have not provided Indeed with a valid and completed W-9 and ACH form, you will receive no Employer Referral Reward. If you are a tax resident in the U.K., Canada or Ireland, in order to receive the Employer Referral Reward, you must provide Indeed with your valid banking details upon request. If you are tax resident in the U.K., Canada or Ireland resident and you make a referral for the U.S., in order to receive the Employer Referral Reward, you must provide Indeed with a valid and completed W-8 document and your valid banking details upon request. All payments to any Employer Referrer are gross amounts and the Employer Referrer will be responsible for paying all applicable taxes on the reward. This program may be cancelled at any time without notice; all referrals made prior to program cancellation will be paid in the event the above conditions are satisfied. Indeed has the right to refuse any Referred Employer participation in the Indeed Prime program for any reason. No reward will be paid for any Referred Employer who is already a member of Indeed Prime when the referral was received. You represent to Prime that there is no contractual barrier to receiving an Employer Referral Reward. Indeed employees cannot refer or be referred and receive an Employer Referral Reward. 6. Confidentiality You agree to keep all information gained from using Indeed Prime confidential. You agree that (1) you will use any content submitted by Candidates in accordance with applicable privacy and data protection laws; (2) you will not disclose the names or identities or share the profile of any Candidates in any List outside of your recruiting or hiring department; AND (3) you will take appropriate physical, technical and administrative measures to protect content you obtain through use of Indeed Prime from loss, misuse, unauthorized access, disclosure, alteration or destruction. You also agree not to post, publicly disclose or disseminate any job offers which you become aware of through Indeed Prime. You agree that by using Indeed Prime, Indeed may call you at the phone number provided to Indeed, including cell phone numbers. You further agree that Indeed provides email proxy and relay tools to the users of Indeed Prime and that Indeed may monitor, review, store and analyze your content (including your profile, applications, communications and responses) to provide you with personally relevant product features, prevent fraud, reduce unwanted mail, and provide quality control. If you decide to take the HackerRank challenge or any other external testing, such results will only be maintained and used internally by Indeed and will never be passed to a third party. Employer agrees that Indeed is entitled to publish the details of all non-binding offers made and the identity of those parties that have made such offers, unless the Employer has elected to remain anonymous. 7. Disclaimer and Limitation of Liability INDEED EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE CANDIDATE PROFILE INFORMATION THAT HAS BEEN PROVIDED TO INDEED IS VALID, THAT THE COMMUNICATION SENT BY AN EMPLOYER WILL REACH THE INTENDED RECIPIENT, THAT THE INTENDED RECIPIENT OF THE COMMUNICATION SENT AT YOUR REQUEST WILL READ THE EMAIL, OR THAT THE INTENDED RECIPIENT OF YOUR REQUEST WILL ACT UPON SUCH REQUEST. INDEED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WITHOUT LIMITATION NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE INDEED TOOL GIVING RISE TO THE CLAIM. 8. Indemnification You agree to defend, indemnify and hold harmless Indeed from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your violation of any term of this Agreement; (b) your use of, and access to, Indeed Prime; (c) your loss of, or disclosure of, information gained from using Indeed Prime; (d) your violation of any applicable laws during the hiring process, including but not limited to the US Fair Credit Reporting Act and any applicable data protection laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (f) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of Indeed Prime. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, settlements and disbursements. 9. Termination We may suspend Indeed Prime, your account or any other provision of tools to you, and we may terminate this Agreement with you, at our sole discretion, at any time, with or without notice. If you wish to terminate this Agreement, you may do so by notifying Indeed Prime at any time and closing your account. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability. F. Indeed Targeted Ads Terms Last Updated: October 17, 2017 These Indeed Targeted Ads Terms (“ITA Terms”) form a part of, and are incorporated into, the Indeed Terms of Service (the “Agreement”), and apply to any Employer who accesses or uses the Indeed Targeted Ads program, or who otherwise indicates its acceptance of these ITA Terms. These ITA Terms apply to both of Indeed’s Targeted Ads Services: 1) Indeed Targeted Ads: Brand (“ITA Brand”) and 2) Indeed Targeted Ads: Apply (“ITA Apply”). Any capitalized terms that are used but not defined in these ITA Terms have the meaning set forth in the Agreement. 1. The Program Use of Indeed Targeted Ads (“ITA”) on or through the Site is subject to all applicable Indeed terms and policies, including without limitation the Indeed Privacy Policy (http://www.indeed.com/legal#privacy) and those instructions provided on the Site, and, if you are using ITA, through our online forms. Indeed policies may be modified at any time. With regards to any job advertisements posted on Indeed through ITA, (“Targeted Ads”), you agree that you are solely responsible for all: (a) ad or job content and target URLs (“Creative”), whether generated by or for you; and (b) websites proximately reachable from Creative URLs and your services and products (collectively “Your Services”). You shall protect your passwords and take full responsibility for your own, and third party, use of your accounts. Targeted Ads may be placed on any content or property provided by Indeed (“Indeed Property”). By posting a Targeted Ad on Indeed, you authorize Indeed to reformat the Job Ad to be effectively displayed on a mobile device. ITA Apply: In order to participate in ITA Apply, you must either use Indeed Apply to receive applications or add Indeed’s conversion tracker snippet to your post-apply page (the “Post-Apply Page”). The Post-Apply Page on which you add Indeed’s conversion tracker snippet shall be determined by mutual agreement between you and Indeed. However, please note that if you unilaterally place the conversion tracker snippet on a page other than the mutually agreed upon page, in violation of this agreement, Indeed will still count this page as the Post-Apply-Page, charge you for any Applies (as defined below) on this page, and may require you to correct the placement. Any removal of the tracker snippet will disqualify you from the program and will entitle to Indeed to any resulting damages. It shall be your responsibility to inform your job applicants that such tracker snippet is in place. The conversion tracker will attribute an application to Indeed any time the job seeker started their search on Indeed, despite any intervening activity. Additionally, if you receive the ITA Apply services, you may be given the option to include certain application questions for your Job Listing on an ITA ad as part of your application process. If you request that Indeed include the questions you have chosen as part of your ITA ad, you acknowledge that job seekers who do not answer your questions in the manner set forth in your instructions may not be permitted to proceed to the next stage of the application process, and that you are requesting that Indeed perform this action. You further acknowledge that your use of these application questions is provided to you via a license to the application questions tool and that Indeed disclaims all warranties as to the performance of these application questions, including but not limited to the accuracy of the job seekers’ answers to your application questions. 2. Cancellation Unless otherwise stated in an insertion order or other agreement to advertise with Indeed, you may independently cancel online any Targeted Ad at any time (such cancellation is generally effective within 24 hours). Indeed may cancel ITA or these ITA Terms at any time. Indeed may modify ITA or these ITA Terms at any time without liability, and your use of ITA after notice that these ITA Terms have changed indicates acceptance of the updated ITA Terms. Sections 1, 3, 4, 5, and 6 will survive any expiration or termination of these ITA Terms. 3. Prohibited Uses You shall not, and shall not authorize any party to advertise anything illegal or engage in any illegal or fraudulent business practice in any state or country where your advertisement is displayed. You represent and warrant that (x) all your information is correct and current; (y) you hold and grant Indeed and Partners all rights to copy, distribute and display Creative (“Use”); and (z) such Use and websites linked from your Targeted Ads (including Your Services therein) will not violate or encourage violation of any applicable laws. Violation of these policies may result in immediate termination of these ITA Terms or your account without notice, and may subject you to legal penalties and consequences. Indeed or Partners may reject or remove any Targeted Ad, and Indeed may disable any Employer’s account, for any or no reason without notice. 4. DISCLAIMER AND LIMITATION OF LIABILITY INDEED’S PROVISION OF THE PROGRAM AND THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE PROGRAM AND YOUR USE THEREOF, INDEED AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. Indeed and its affiliates, and its and their third-party licensors, disclaim all guarantees regarding positioning or the levels or timing of: (i) costs per apply, (ii) costs per impression, (iii) apply rates, (iv) impression rates (including any estimate of impressions provided in an insertion order), (v) delivery of any impressions on any Partner Property or Indeed Property or sections of such properties, (vi) applies, (vii) impressions (viii) conversions for any Creative, (ix) targeted users, or (x) the interest-level of any users who apply to or view your job. EXCEPT FOR AMOUNTS PAYABLE PURSUANT TO SECTION 6 HEREUNDER, AND FOR ANY BREACH BY YOU OF SECTION 1, TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE UNDER THESE IAP TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY’S AGGREGATE LIABILITY TO THE OTHER UNDER THESE IAP TERMS IS LIMITED TO AMOUNTS PAID OR PAYABLE TO INDEED BY YOU FOR THE JOB ADS GIVING RISE TO THE CLAIM. 5. Payment You shall be charged in accordance with the pricing listed in a separate agreement or insertion order between you and Indeed, and based on applies (“Applies” or “Apply”) if you are an Employer using ITA Apply, or based on impressions (“Impression” or “Impressions”) if you are an employer using ITA Brand. Applies are defined as a user visit to the agreed upon Post-Apply Page listed in any separate agreement (including via email exchange) or insertion order between you and Indeed. Impressions are defined as an ad appearing on a page of the Site, which page has been presented to a Job Seeker. However, an Impression does not guarantee that a Job Seeker has viewed such ad. If you are an Employer using ITA Brand, your price per Impression found on any ITA Brand Insertion Order is defined as the cost per 1000 impressions. If your ITA Insertion Order does not contain an end date, you will continue to be billed until you contact Indeed and request to be removed from the ITA Program. If your Indeed employer account has a credit card on file for the Indeed Ads Program, we will charge that same credit card for your Indeed Targeted Ads. If your billing address is in the United States, you shall pay all charges in US Dollars. If your billing address is in India, you may only pay all charges in Indian Rupees. If your billing address is in Brazil, you may only pay all charges in Brazilian Reais. If your billing address is anywhere else, you may pay all charges in the following currencies, which you choose when creating an account: US Dollars, Euros, UK Pounds, Canadian Dollars, Australian Dollars, Swiss Francs, Japanese Yen or Singapore Dollars. Charges are exclusive of taxes, including VAT. You will be charged all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees Indeed incurs collecting late amounts. If you are in Japan, Japanese consumption tax will apply on the import of all Indeed products and services. You waive all claims relating to charges unless claimed within 60 days after the charge (this does not affect your credit card issuer rights). Charges are solely based on Indeed’s Apply measurements or Impressions measurements. Indeed’s determination of number of Applies or Impressions shall be binding. Refunds (if any) are at the absolute discretion of Indeed and only in the form of advertising credit for Indeed Property. You acknowledge and agree that any credit card and related billing and payment information that you provide to Indeed may be shared by Indeed with companies who work on Indeed’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Indeed and servicing your account. Indeed may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Indeed shall not be liable for any use or disclosure of such information by such third parties. All withholding tax remittances to the government are your sole responsibility and Indeed shall have no liability whatsoever therefor. Invoices may be provided to you via electronic mail. 6. Indemnification You shall indemnify, defend and hold harmless Indeed, its agents, affiliates, licensors and Partners from any third party claim or liability (including without limitation reasonable legal fees) arising out of your ITA use, Creative, site or Your Services, or your breach of these ITA Terms. *For the purposes of this Agreement, the Asia-Pacific Region is defined as the following countries and territories: American Samoa, Antarctica, Australia, Bangladesh, Bhutan, Brunei, Cambodia, China, Christmas Island, Cocos Islands, Cook Islands, East Timor, Fiji, French Polynesia, French Southern Territories, Guam, Heard Island and McDonald Islands, Hong Kong, Indonesia, Japan, Kiribati, Laos, Macao, Malaysia, Maldives, Marshall Islands, Micronesia, Mongolia, Myanmar, Nauru, Nepal, New Caledonia, New Zealand, Niue, Norfolk Island, Northern Mariana Islands, Pakistan, Palau, Papua New Guinea, Philippines, Pitcairn, Samoa, Singapore, Solomon Islands, South Georgia and the South Sandwich Islands, South Korea, Sri Lanka, Taiwan, Thailand, Tokelau, Tonga, Tuvalu, Vanuatu, Vietnam, Wallis and Futuna. Vulnerability Reward Program Program Description As part of commitment to the security of our job seekers, advertisers, and publishers, we partnered with Bugcrowd to launch our Vulnerability Reward Program. Detailed rules and information about the scope of this bounty program are available on our Bugcrowd page. If you are a whitehat researcher that believes you have discovered a vulnerability in an Indeed product or have any other security inquiries, please sign up as a Bugcrowd Tester to be included in Indeed’s Vulnerability Reward Program. Vulnerabilities submitted outside of Bugcrowd will not be considered. Legal Notes Indeed will not issue rewards to researchers from countries on sanctions lists (e.g. – Cuba, Iran, North Korea, Sudan, and Syria). There may be additional restrictions on your ability to enter depending upon your local laws. Your testing must not violate any law, or disrupt or compromise any data that is not your own. 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